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HomeMy WebLinkAboutAgenda Packet - PC - 11/17/2021 PLANNING COMMISSION AGENDA City Council Chambers 2006 Heritage Walk Wednesday, November 17, 2021 6:00 pm 1. Pledge of Allegiance 2. Call to Order 3. Public Comment 4. Approval of Action Minutes a) October 27, 2021, Planning Commission Meeting 5. Preliminary Plat a) 15260 and 15250 Thompson Road to be named “Thompson Oaks” Subdivision by Georgia Choice Properties, LLC, zoned AG-1 (Agricultural) to subdivide 20.52 acres into 16 single family lots at a density of 0.78 unit per acre. 6. Text Amendments a) RZ21-08 – A text amendment to Chapter 64, Article VI, Division 23 – CUP (Community Unit Plan) to amend or delete the CUP Zoning District b) RZ21-09 – A text amendment to create a new Use Permit – Farm Wineries (Sec. 64-1845) c) RZ21-10 – A text amendment to Sec. 64-1121- Allowed Use Chart to amend the Use Chart as it relates to Farm Wineries d) RZ21-11 – A text amendment to Sec. 64-1 – Definitions (Related to Farm Wineries) Page 2 of 2 e) RZ21-12 – A text amendment to Chapter 64, Article VI, Division 2 – AG-1 (Agricultural) to allow certain structures housing animals to conform to the AG-1 district minimum yards. f) RZ21-13 – A text amendment to delete Sec. 64-1596. - Event; special indoor/outdoor g) RZ21-14 – A text amendment to Chapter 64 related to businesses licensed to serve and sell alcohol as required in Chapter 4, Alcoholic Beverages 7. 2022 Planning Commission Meeting Schedule 8. Adjourn 11/12/2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on November 17, 2021 1 of 8 PRELIMINARY PLAT SUBMITTAL-THOMPSON OAKS SUBDIVISION PROPERTY INFORMATION LOCATION 15260 & 15250 Thompson Road DISTRICT/SECTION, LAND LOT 2/2 - 475, 534 OVERLAY DISTRICT Rural Milton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 20.52 acres EXISTING USE Undeveloped PROPOSED USE 16 Single-Family Lots OWNER/DEVELOPER Georgia Choice Properties. LLC ADDRESS 915 Cranberry Trail Roswell, GA 30062 SITE PLANNER A&R Engineering, Inc ADDRESS 2160 Kingston Court. Suite O Marietta, GA 30067 PROPOSED PRELIMINARY PLAT To subdivide 20.52 acres into 16 lots at a density of 0.78 lots per acre. The proposed development will be gated with an identified community amenity area. 11/12/2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on November 17, 2021 2 of 8 LOCATION MAP 11/12/2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on November 17, 2021 3 of 8 Preliminary Plat Map 11/12/2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on November 17, 2021 4 of 8 Fire Access Plan 11/12/2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on November 17, 2021 5 of 8 Preliminary Septic Plan 11/12/2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on November 17, 2021 6 of 8 Entry Wall Profile 11/12/2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on November 17, 2021 7 of 8 Existing Conditions 11/12/2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on November 17, 2021 8 of 8 Based on the submitted site plan, the proposed preliminary plat meets the requirements of the applicable City codes as they pertain to development of the subject site. �j 2 0 BASIN A DRY PO FULTON COUNTY DEPARTMENT OF HEALTH AND WELLNESS ENVIRONMENTAL HEALTH SERVICES DIVISION i required im bve meow we nefibwnnW ovAeot t a a roves 9 vel en a Thais Darn PD n umPlrance won the Fulton County Cade of Ornhnances. DMNw 34 Article tV. DRINKMG WATER SUPPLY end Amck XI. SEWAGE DISPOSAL as°urrernty aftt lee. AT SUPPO CONDITIONS OF AHROVAL TVP F W'A E le A s VPF bht Wates $uppry Public a noaq system wkivaual Meterlsl ❑ Type'A' age Syskm Pule¢ Water S4ply IMN°Igl Onsse Sewage PrNere Manes Meter ❑TYPe -P" ana em Systems 11IWalwe uaIPONn4"Wea � rI 3 d pate EH AFF �O • \(7� .� �(� , Reum°n Date EHS STAff a� 7 a2� E GENERAL NOTES: 1. TOTAL NUMBER OF LOTS: 16 2. ACREAGE OF LAND BEING SUBDIVIDED: 20.52 AC 3. ZONING: AG -1 4. DENSITY: 0.8 LOTS PER AC 5. HOUSE FOOTPRINTS ARE SHOWN FOR VISUALIZATION ONLY AND SUBJECT TO CHANGE IN SIZE AND LOCATION. THEY ARE DEPICTED AT 55 FT X 55 FT, FOR AN AREA OF ±3,000 SF 6. LOTS 1 IS FOR AMENTIYS AND THE MAIL KIOSK AND WILL BE OWNED BY THE HOA 7. LOTS 10,17,18, & 19 CONTAIN STORMWATER BMPS AND WILL BE OWNED BY THE HOA. 8. TRACT 4 IS FOR THE PRIVATE ROAD AND WILL BE OWNED BY THE HOA Line Table Line # D SIGN LEGEND Sl 5031'33.54"E FIRE LANE SIGN NOTES: L2 PARKING 31.44' - ONE SIGN SHALL BE POSTED N28°41'23.83"E 15.93' L4 AT THE BEGINNING OF THE FIRE 25.50' L5 FIRE 11.12' L6 N15°18'37.79"E LANE AND ONE AT THE END OF L7 N4805412.51"W 43.87' THE FIRE LANE; EACH SIGN 56.439' N SHALL BE ERECTED NOT MORE C104 N08001'28.94"E 42.726' THAN 50 FEET APART. 42.61' C105 - SIGNS POSTED SHALL NOT BE R7 2C 232.000' 123.32' MORE THAN FOUR FEET FROM 12" X 18° 48.119'168.000' DOUBLE FACED THE EDGE OF THE CURB AND MIN. 2" CAPITAL LETTERS SHALL BE VISIBLE FROM BOTH DIRECTION OF THE DRIVING SURFACE. E GENERAL NOTES: 1. TOTAL NUMBER OF LOTS: 16 2. ACREAGE OF LAND BEING SUBDIVIDED: 20.52 AC 3. ZONING: AG -1 4. DENSITY: 0.8 LOTS PER AC 5. HOUSE FOOTPRINTS ARE SHOWN FOR VISUALIZATION ONLY AND SUBJECT TO CHANGE IN SIZE AND LOCATION. THEY ARE DEPICTED AT 55 FT X 55 FT, FOR AN AREA OF ±3,000 SF 6. LOTS 1 IS FOR AMENTIYS AND THE MAIL KIOSK AND WILL BE OWNED BY THE HOA 7. LOTS 10,17,18, & 19 CONTAIN STORMWATER BMPS AND WILL BE OWNED BY THE HOA. 8. TRACT 4 IS FOR THE PRIVATE ROAD AND WILL BE OWNED BY THE HOA Line Table Line # Direction Length L1 Sl 5031'33.54"E 18.13' L2 N69046'46.29"E 31.44' L3 N28°41'23.83"E 15.93' L4 N1 5030`56.20"W 25.50' L5 N15°18'37.79"E 11.12' L6 N15°18'37.79"E 15.54' L7 N4805412.51"W 43.87' Curve Table Curve # CHORD BEARING ARC LENGTH RADIUS CHORD LENGTH C100 N14035'47.91"W 69.033' 168.000' 68.55' C101 N04028'21.15"W 27.310' 232.000' (REMOVE WALLS) MILTON FIRE 27.29' 2021 yr yy CD SEPT 27 COMMENTS N W 1 : �z C102 N17006'24.14"W 75.005' 232.000' w CD 74.68' C103 NO802028.681 56.439' 232.000' 56.30' C104 N08001'28.94"E 42.726' 168.000' 42.61' C105 N00006'09.21"W 124.820' 232.000' 123.32' C106 N07°06'18.54"E 48.119'168.000' 4 47.95' L8 N73°29'35.91 "W 26.32' C110 Ni3°44'03.70"W 74.091' 168A00' 73.49' ��� S�o� o' BOUNDARY AND TOPOGRAPHIC SURVEY FOR GEORGIA L9 N36 0250.08 W 28.67 Cill i J 8- y REFERENCES: _ ° N14°35'47.85"W 95.328' � 232.808' 94.66' CHOICE PROPERTIES, BY GEOSURVEY, DATED - - - - -+ • / 25' STATE UNDISTURBED BUFFER 11/09/2020 L10 N6804T16.51'W 31.97' C112 N00008'09.43"E 10.011' 232.000' 10.01' p5 50' CITY UNDISTURBED BUFFER L11 N38022'21.86"W 42.17' C113 N8000621.23"W 35.548' 25.078' 32.65' 75' CITY IMPERVIOUS BUFFERL12 S59013'11.32"W 33.14' C114 N60030'56.20"W 37.699 24.000' 33.94' m� 05 Sti y CD mIT L13 N40°18'36.02"E 23.61' C115 Sl 5031'20.45"E 73.362' 22.000 43.80' ° O 2 LD - C116 N15031'20.45" W 64.868 22.000 43.80 Sz � Sti ' � � LL CLT L14 N11°56'03.21'1N 50.94' -_-_ N W = N Q .sz (D x � z L15 874°29'03.80"W 46.40' #15270 51/ z y o o Lib N15°30'49.36"W 99.02' N/F PROPERTY OF JOEL E. & PEGGY COCHRAN • /- yti y N/F PROPERTY OF = o I RECORD DEED NOT FOUND Ki JEFFREY K. BERNE v I N/F PROPERTY OF ZONEI�AG-1 DEED BOOK 30909/ PAGE 564 ROBERT K. YARBROUGHOS ZONED AG -1 DEED BOOK 58518 / PAGE 394ZONED AG -1X02°06'1 YJR 02°06'12"W 802°06'12"W _ _ _S05°03'36"E �p0.75'� S01°26'10"E1 --802°06'12"W S01°26'10"IE S01°26'10"E 201.58I201.81' 16--5 63 126.8T 213.12' l 135.32 801°26'10"E ti ) 1 I 802°06'12"W I 10.61'ls9 ,05\ J ` oy 1 50° SSL , lS9 ,0S 11.85' ISO .OS I 50' BSL 1 lSE ,05 I } 1 I 16 I co � s� \ ,Os / 11 I 1 01 AC N 15 1.01 AC I 3,000 SF 00 co T BASIN A BIORENTION o • CD m z 133.24' 1 00 T N0 132-1 - 1.81 AC M (78918 SF) CCD _ m ISO .sz N �4?28, R4 -7C vmDo24°q� v 3,000 SF �Se \36F D> G CD =1 q FOOTPRINT SZ L2 ® 1 5 pC N74°29'04"E L1� 10 SFl 49.90' >' M PARCEL 18: BASIN A L16 N z BIORETENTION 71ep0, �'\� 0.03 AC O -{ m (1521 SF 10 '159 ,5z C IS9 ,5z 5 23,4 - �rB 100 0, S� 48 ISS Is®'St R4 -7C R4 -7C riI 1.01 AC 1.01 AC 1 14 (43885 SF) N FOOTPRINT 1.03 AC (44022 SFJ (44134 SF) m (44135 SF) J J03 3: L12 (44732 SF)I ce) c w m tiCQ ,"„ °' 13 m ' m 1.01 AC `* co r I T ^ 3,000 SF � I `; 12 43947 SF) r, �a m 3,000 SF N N I o FOOTPRINT I ) (mol a N FOOTPRINT "' )� N31 °18'2 419 s NI Ncc) 3,000 SF I M 3,000 SF o `',�, �' FOOTPRINT 4 I N ` FOOTPRINT m to 3,000 SF N I 60' BSL N �, FOOTPRINT Iss ,09 f lsa ,09 m J PROPOSED GATED 1 9 I N m m ) m ENTRANCE WITH 1 ro KNOX SYSTEM I - 1 LL4 N15°180 95' I L5 788 09 1 N I N26°22'07"W o 41.05' 172_29 W 30.02' N15°18'38"E 109 ; - p °49'29"W C105 F62-45' 30.97' Lls9 ,09 \SS 1 VD " 0 1 N09�47 Q a N15°18'38"E ) 2 M � 33.95' 0 1 301006'01"W 6°�22��^�N_ M 175.30 V. - r3 M 41 9�js,��e N 37.12° 69.88' �11 010 o_ a B M L6 ° , al M2Q°2 r3' *� C106 N01 0601 W Iv 0j10 � • �9 � N26°2% PfIR lT j -<O9'F 4696 M Iv _ M C, !0X11 NO2°4929"W 1 e in u 1 5v2-�T11"W 61.75' iD CC) N15°18'38"E N09` ET4g __ / N2R° 17.4 ' 1 AM AREA: ° o w 32.07'49. 'M M A107.00' M ' 02 Nrs _ _ v 60, N15°18'38"E '8 E C103 N01°06'01"W C101 -33 01 1 MAIL KIOSK AC BSL 31.33 N09°46'51 "E 0 1 (17301 . PARCEL 17: BASIN A/ O BIORETENTION 15.31 1112 e o9 Sg ,p9 1 N 0.14 AC iS8.09 { lS9 °09 I 15 1 r 3,000 SF / 1 {5983 SF) J C-3 co FOOTPRINT ; ti / I ( Ln 1 m z l / ti II J m Do in 3 000 SF o ^� co w y , H Ln L Ln N FOOTPRINT �w 3,000 SF zm = oo r m co to m N w •� B .�� FOOTPRINT N 3,000 SF 3,000 SF N N N w o p f i 1.47 AC / 1 v N FOOTPRINT FOOTPRINT N1� 3,000 SF LO 3,000 SF o C N (63999 SF ti / m o co ) '? j� 1 �, © tom � 5 lo'I� FOOTPRIN ��IN FOOTPRINT z{M N 2 z 00 Co o �`'� L J m N 1.47 AC H �� 1.00 AC J `� J J z Ln 1 N 1.19 AC N 1.42 AC (63982 SF) y (43641 SF) m m 4 m m N (51954 SF) s y 5/ CV (61939 SF) N `n 1.00 AC N N ®1.01 AC LP !`ou n cc' • L ISO ,os / L_- 1 N I (43602 SF) I {43859 SF) 1� r i P 50 BSL 50' BSLJ l59 ,05 50' BSL __j 150' BSL I 1 Z / ISOIGS ( ISO .oS S01 °24'48"W S01 °25'45"W 501 °29'38"W_ 292.13' 801°17'56"W _ S01023'05"W _ S01°23'15"W 176.39' 180.23' 164.74' ` 156.20' C LJ E S01 °23'39"W 123.41' (1 � 33 $ S01029'41" _ 169.42' 20'§ECONDIRY RURAL VIEWSHED I 4� PRIMA Y RURAL VIEWSHED r I c PROPOSED SIDEWALK A ALONG FRONTAGE A&R ENGINEERING, 2160 Kingston Court, Suite O Marietta, GA 30067 Tel: (770) 690-9255 www.areng.com arengineering@areng.com REVISIONS No. DATE DESCRIPTION 41Z o o 2021 LOTS 9,10,11 1 SEPT 08 (REMOVE WALLS) MILTON FIRE 2 2021 yr yy CD SEPT 27 COMMENTS a OCT 5 ---- -- - 4 2021 ADDED LOTS 17,18,19 NOV 1 CITY COMMENTS 5 6 7 8 N86046'41.09"W, CH= 218.68', y I R=1520.30', A218.87' N87056'41.43"E, CH= 497.36', 10 �R=1514.00', A =499.62' 24 Z O y I,'% =I IH 1111011'14"W 4.64' TRACT 4: PRIVATE ROAD: „,r-1.82 AC 29.70' N48026'10"E 19.15' S48027'11 6"W 6.60' N84°27'16.55"E, CH= 65.46', -R=1501.82', A =65.47' N87056'41.43"E, CH= 497.36', R=1514.00', A =499.62' 33 *3 I 3 N80°52'57.71"E, CH= 124.00', R=1520.41', A=124.03' ,I B BIO RETENTION T CT 2: R.O.W. DONATION 0. AC (34 3 SF) (IN FEET) 1 inch=60 ft. G 11 12 NOT RELEASED FOR CONSTRUCTION PREPARED FOR GEORGIA CHOICE PROPERTIES, LLC 5055 WILD GINGER COVE PEACHTREE CITY, GA 30092 C) _TRACT 3 - SEPTIC FOR FIRE N o STATION: 0.20 AC 41Z o o ce (8538 SF) CD BASIN B DRY POND CV ®w N LrIQ CL < C7 I C:1 �w yr yy CD Cn LL N W 1 : �z m � v o w w CD J 0 N g v+rww.Georg ia811. com contact 8" before YOU dig. GRAPHIC SCALE NORTH eo o an sa tz" 2a° (IN FEET) 1 inch=60 ft. G 11 12 NOT RELEASED FOR CONSTRUCTION PREPARED FOR GEORGIA CHOICE PROPERTIES, LLC 5055 WILD GINGER COVE PEACHTREE CITY, GA 30092 24 HOUR CONTACT LL DIST PARCEL ID # 475,534 2 -- OWN BY CKD BY DATE 08/05/2021 A&R PROJECT # 20-125 SHEET IDENTIFICATION C1100 laaaaaaCn0 O !' m Cn Q c Z11011111 Q 0 Z J 0 N �. _ I- 24 HOUR CONTACT LL DIST PARCEL ID # 475,534 2 -- OWN BY CKD BY DATE 08/05/2021 A&R PROJECT # 20-125 SHEET IDENTIFICATION C1100 5 0 4 1 F.111 c 0 SIGN LEGEND E F Milton Fire Truck — Single Overall Len th Overall Width Overall Body Height Min Body Ground Clearance Max Track Width Lock—to—lock time Unit Truck Max Steering Angle (Virtual) R7 w I m N `bp 8S f �b0•n- G A&R ENGINEERING, I 2160 Kingston Court, Suite O Marietta, GA 30067 Tel: (770) 690-9255 www.areng.com arengineering@areng.com J w rn 1 REVISIONS 1 No. DATE DESCRIPTION FIRE LANE SIGN NOTES: 1 2021 SEPT 27 PARKING 2 - ONE SIGN SHALL BE POSTED MILTON FIRE COMMENTS � A li / ® AT THE BEGINNING OF THE FIRE 3 Cn 8.333ft FIRE LANE AND ONE AT THE END OF O W 5.00s THE FIRE LANE; EACH SIGN Q 1— E c)Q LAN E 31.80` SHALL BE ERECTED NOT MORE = W I-�I-LU Q ® THAN 50 FEET APART. U SIGNS POSTED SHALL NOT BE R7 -2C- LC) T- 12" X 18° MORE THAN FOUR FEET FROM THE EDGE OF THE CURB AND DOUBLE FACED G MIN. 2" CAPITAL LETTERS SHALL BE VISIBLE FROM BOTH DIRECTION OF THE DRIVING O SURFACE. E F Milton Fire Truck — Single Overall Len th Overall Width Overall Body Height Min Body Ground Clearance Max Track Width Lock—to—lock time Unit Truck Max Steering Angle (Virtual) R7 w I m N `bp 8S f �b0•n- G A&R ENGINEERING, I 2160 Kingston Court, Suite O Marietta, GA 30067 Tel: (770) 690-9255 www.areng.com arengineering@areng.com J w rn 1 REVISIONS 1 6 FA 8 9 10 11 12 NOT RELEASED FOR CONSTRUCTION OW191 : 1 6 GEORGIA CHOICE PROPERTIES, LLC 5055 WILD GINGER COVE PEACHTREE CITY, GA 30092 No. DATE DESCRIPTION 41.1 6 7 ft 8.333ft 13.5 0 0 f t 1 2021 SEPT 27 MILTON FIRE COMMENTS 2 2021 NOV 3 MILTON FIRE COMMENTS � A li / ® 1.393ft 3 Cn 8.333ft O o CO crQ W O W 5.00s 4 Q 1— E c)Q V V 31.80` D = W I-�I-LU Q ® Q U s LC) T- 6 FA 8 9 10 11 12 NOT RELEASED FOR CONSTRUCTION OW191 : 1 6 GEORGIA CHOICE PROPERTIES, LLC 5055 WILD GINGER COVE PEACHTREE CITY, GA 30092 24 HOUR CONTACT MAHER BUDIER DIST PARCEL ID !� www.Georgia811.com 475,534 2 -- 0 GWN BY CKD BY DATE Contact 811 bebre you di% -- -- 2021-09-24 A&R PROJECT # GRAPHIC SCALE NORTH 2O-125 fi0 0 30 FYI 120 240 SHEET IDENTIFICATION (IN FEET) C1 103 1 inch =60 8. B C D E F G z Z n � A li / ® c N .0 O Cn IL O o CO crQ W O W Cl) Q 1— E c)Q V V D = W I-�I-LU Q ® Q U LC) T- W CLz LU a- s G LL O 24 HOUR CONTACT MAHER BUDIER DIST PARCEL ID !� www.Georgia811.com 475,534 2 -- 0 GWN BY CKD BY DATE Contact 811 bebre you di% -- -- 2021-09-24 A&R PROJECT # GRAPHIC SCALE NORTH 2O-125 fi0 0 30 FYI 120 240 SHEET IDENTIFICATION (IN FEET) C1 103 1 inch =60 8. B C D E F G 3 E 1 0 BASIN A DRY POND �aA s C �xn) • / / 25' STATE UNDISTURBED BUFFER 50' CITY UNDISTURBED BUFFER .SL o� 4ti 75' CITY IMPERVIOUS BUFFER v 04 N ,4t / cti y / N/F PROPERTY OF JEFFREY K. BERNE St /Sz _ �s DEED BOOK 30909 / PAGE 564 sr 4 ZONED AG -1 SL SL / o D ! F I F y SECONDtRY RURAL VIEWSHED m m v CD CD w o= o SEPT 27 x �LaT 2021 w N a O = M mw m a Y z CD o _ O 4 G m oyz IrLU m I x m v O 7 I \I 8 \ I 1 � � r S L�7 I I THIS PLAN IS FOR PRELIMINARY INFORMATION ONLY AND NO GUARANTEE ABOUT HE LOCATION OR AVAILABILITY OF SEPTIC IS IMPLIED. REFERENCES: 1. BOUNDARY AND TOPOGRAPHIC SURVEY FOR GEORGIA CHOICE PROPERTIES, BY GEOSURVEY, DATED 11/09/2020 2. LEVEL THREE SOIL MAP FOR 20+/ -ACRE ASSEMBLAGE, 15260 THOMPSON ROAD, BY SAM ASADY OF GEOSCIENCES ENGINEERING, INC, MARIETTA, GA, DATED 5/26/2021 N/F PROPERTY OF ROBERT K. YARBROUGH DEED BOOK 58518 / PAGE 394 ZONED AG -1 LEGEND PRIMARY DRAIN FIELD (1675 SF PERCOLATION BED BASED ON A 60 MIN. PERC RATE & 5 BEDROOM HOUSE) ElSECONDARY DRAIN FILED (SAME SIZE AS PRIMARY DRAIN FIELD) #15270 N/F PROPERTY OF20' SECONDtRY RURAL VIEWSHED JOEL E. & PEGGY COC IRAN 1 SEPT 08 (REMOVE WALLS) RECORD DEED NOT FOUND t 40' PRIMAJY RURAL VIEWSHED ZONED AG -1 o SEPT 27 x 2021 I PROPOSED SIDEWALK OCT 5 t QCID / . ALONG FRONTAGE 4 G �& 11 1513 ,0 a 1 M� CD I Z BSL I 1S9 ,OS 50BSL 1 ISO A5 I ' ,1 lS9 ,OS 1 16 o b y I�ns� \ .os / O `'� ❑� I u 14 15 I N 3,00o sF IL \ O N FOOTPRINT mF" I R4CINI A RInPFMTInI\I, .SL —� �' N in m ✓� J m N = m m m O W W z 0 r T — � r -a c,m� w = m .Sz " m Do 3,000 IF )Se SZ FOOTPRINT m c o A r CD PARCEL 18: BASIN A BIORETENTION 0.03 AC (1521 SF CD Z / 159.5 i ✓�� 9 52 R4 -7C 3,000 IF m ( 12 N 13 `° I m zn m FOOTPRINT N 1 r 3,000 IF ( 11 FOOTPRINT ILI I j 1 O FOOTPRINT I FOOTPRINT 3,000 Sf N I 60 BSL Ln FOOTPRINT IS9 .09 PSg ,09 PROPOSED GATED I m m m I m ENTRANCE WITH D I I TRACT 4: PRIVATE ROAD: 14-7C ) o I 758,09 En I N 1 o KNOX SYSTEM I— L I 1,82 AC (79378 SF) Lo •— — _° 159p9 ED o ISO ,09 �— o M — — 2 '0' j MPA VI N R4 -7C 17 1 "159 ,09 I w 3,000 SF / I n m FOOTPRINT N cb ❑ N Co S 3,000 IF N `> FOOTPRINT I J m ^gym f 7 i N lS9 ,OS � /__ 50' BSL 50' BSL L� N M o M -60,BSL«- PARCEL 17: BASIN A / BIORETENTION AC O / 7se•09 I lsa .09 7 598 (5983 SF) O m m m 3,000 IF 3,000 IF N N FOOTPRINT FOOTPRINT I 3,000 IF ©L FOOTPRIN w 1 / co 4 J N zn m m N - I ^ in N N N o f FIRE IT s M - � o I AM AREA: 0.3 MAIL KIOSK N (17301ASF) (15 19 S o oco t p 159 ,09 1 1 I I J J m N CD ) N 3,000 IF do m N FOOTPRINT N ( 3,000 IF N O 1 FOOTPRINT ) J I Co zi N 0] N i n J CL] 1S9 .OS / 50' BSL I I I 50' BSL L ISO ,OS I ISO OS C D E i F 0' 3_ 3.3 66 3' 1 BASI B BIO RETENTION LO O O IT W 4'k o CD o z � c� � '- BASIN B DRY POND O w G O m r <C CD W w krj�� Ya W w p N �z m C7 m LU w Li www.Georgia811.c0m Contact 811 before you dig. GRAPHIC SCALE NORTH im (IN FEET) 1 inch= 60 ft. G 2� ABR ENGINEERING, INC 2160 Kingston Court, Suite O Marietta, GA 30067 Tel: (770) 690-9255 www.areng.com arengineering@areng.com J W U) REVISIONS No. DATE DESCRIPTION 2021 LOTS 9,10,11 1 SEPT 08 (REMOVE WALLS) 2 2021 MILTON FIRE o SEPT 27 COMMENTS 2021 ADDED FOOTPRINTS 3 OCT 5 c� QCID 2021 ADDED LOTS 17,18,19 4 Nov 1 CITY COMMENTS 5 I) a W B cc O 7 8 9 1101 NOT RELEASED FOR CONSTRUCTION PREPARED FOR GEORGIA CHOICE PROPERTIES, LLC 5055 WILD GINGER COVE PEACHTREE CITY, GA 30092 U O Cn W o C m N ¢ c� QCID Z o 2 z J I) a W cc O a L= I- 24 HOUR CONTACT LL DIST PARCEL ID # 475,534 2 DWN BY CKD BY DATE --- 11/03/2021 A&R PROJECT # 20-125 C1104 61 El 0 Ra 1 U n 14 IV c 1130.0 IfP38I 1126.0( 1124.0( Lu 1122.0( 1120.0( WALL HEIGHT: 0 D E 0 x I rr28 N o lu 7 Xg�� r �., j i0 C/) I j : 1+65.47 60' 65L _ _ 60 BSL 60' BS PC r I I ! c�I o PT 1 13.95 LIMITS OF SECONDARY VIEWSHED Station Entry Wall PROFILE HORIZONTAL SCALE - 1:20 VERTICLE SCALE - 1:2 c I D 0 130.00 128.00 126.00 124.00 122.00 120.00 95.81 F I G F I G A&R ENGINEERING, INC 2160 Kingston Court, Suite O Marietta, GA 30067 Tel: (770) 690-9255 www.areng.com arengineering@areng.com J W rn REVISIONS No. DATE DESCRIPTION 1 2 3 4 5 6 7 8 9 10 11 i `, NOT RELEASED FOR CONSTRUCTION PREPARED FOR GEORGIA CHOICE PROPERTIES, LLC 5055 WILD GINGER COVE PEACHTREE CITY, GA 30092 W p_ —LIMIT OF 40'PF IMARY VIEWSHED J TO -T OF WALL (CLOSEST TO TRE) 1 N P f O LL . Z ® og- 1 N 0 0 M M IL= U)12 Q a C'3 1 yy �� o.r o p Q a5=W EFj 1 �o� rn O � p BoTrom OF WALL r (CLOSEc T TO ENTRY) a 1 1 O CD r P N r a� Lq r O Fl- V N r. M OO Co. O O LO O ti O N Lq � O C? Co LO co m M � N W •- = ur) 4") d' M M co co M co V 7 C" M N O O H Boa on n+. n nn 14.n i nn 1 4- Rin nn '+% Station Entry Wall PROFILE HORIZONTAL SCALE - 1:20 VERTICLE SCALE - 1:2 c I D 0 130.00 128.00 126.00 124.00 122.00 120.00 95.81 F I G F I G A&R ENGINEERING, INC 2160 Kingston Court, Suite O Marietta, GA 30067 Tel: (770) 690-9255 www.areng.com arengineering@areng.com J W rn REVISIONS No. DATE DESCRIPTION 1 2 3 4 5 6 7 8 9 10 11 i `, NOT RELEASED FOR CONSTRUCTION PREPARED FOR GEORGIA CHOICE PROPERTIES, LLC 5055 WILD GINGER COVE PEACHTREE CITY, GA 30092 W Z O J N LL . 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' \- _ - > ,,/, ______ I II ,\ 1 I _ ' - - - - -i f / / /' ' / , / - - -- 36' Ci , 4',',','/ ,' ,a' - - - 1 '” '„ `\ , I11 .11 __ - av , � i , / / /,',' - / - a `I 1 I. • yr J , j , x "', / / i L1 _ ' / , / % _ _ - - GOOD CONDITION /,',< ' - / ,\ . - �, �' I 1 I _ — -- - �_ _- � -, I I-, ,x' /,'i,'l , '>,/, ,'// �'' / // �/ ,/ -_\ Ik\, ,/ `, \, OUZ �I7l -f- I,,i{$` �1�111 11 - -. - -- �'�. __ ..s9 1 1 I I / I ,' / , ,' ,' / ', -- - -- - - "/ - \ \`.' o�,. m1,{ \ , I '�� i , r , / (' 'I', ''/ / - - ___ \ -/. / - \` \`\ bar s 11,1' F' , \ - - - 1 -,-'C` 111 �I >-�-�_% 1 1 ; To: Planning Commissioners From: Robyn MacDonald, Zoning Manager Date: November 12, 2021 Agenda Item: RZ21-08 – A text amendment to Chapter 64, Article VI, Division 23 – CUP (Community Unit Plan) to amend or delete the CUP Zoning District Executive Summary: Since the incorporation of the City in December of 2006, there has been only one occurrence of a request to rezone to CUP (Community Unit Plan) that was approved in 2013. In that instance, it was a subdivision (Highgrove on Batesville Road) already under construction that was halted as a result of the economic downturn of 2008. This was done based on the existing topography of having elevation changes that made building homes difficult. The front setbacks of 60 feet (AG-1) were reduced to 20 feet from 60 feet and side setbacks from 25 feet to 10 feet. It is Staff’s opinion that there is no longer any need for future CUP (Community Unit Plan) zoning district based on the fact that as new developments especially in the unsewered areas of Milton should conform to the standard AG-1 (Agricultural) building setback to ensure that future subdivisions are consistent with the low density and rural character of the City. In addition, since the adoption of the Crabapple Form Based Code in June 2012 and the Deerfield Form Based Code in April 2013, there is opportunity for a diverse type of housing patterns within these areas of the City that would not require the flexibility of the CUP (Community Unit Plan). - THE CODE OF THE Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT RZ21-08 – Text Amendment for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 8 DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT Sec. 64-894. Scope and intent. (a) The regulations in this division are the CUP District regulations for those properties that were zoned to the CUP district prior to May 21, 2013. After December 20, 2021, no additional property shall be rezoned to the CUP district. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The CUP district identifies land areas for a variety of housing types within a planned community setting. (b) The CUP district is intended to: (1) Encourage the development of land as planned communities. (2) Encourage flexible and creative concepts in site planning. (3) Preserve the natural amenities of the land by encouraging scenic and functional open areas. (4) Provide for an efficient use of land. (5) Provide a stable residential environment compatible with surrounding residential areas. (6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-895. Use regulations. Within the CUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by an administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Golf course, country club, pool and recreation court. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants, specialty shops, and incidental licenses accessory to a club are allowed. (Ord. No. 14-10-223, § 1, 10-20-2014; Ord. No. 20-06-430 , § 1, 6-1-2020) RZ21-08 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 8 Sec. 64-896. Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezone is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development-related permits. (f) The location of all use areas shall be shown on the development plan, and the location on the ground shall be as shown on the development plan. (g) Properties that are not served by sanitary sewer shall provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the number of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-897. Development standards. (a) Height regulations. The height of non-single family residential structures are as approved per the conditions of zoning. (b) Minimum land area per unit shall be as specified in conditions. (c) Minimum lot area per unit shall be as specified in conditions. (d) Minimum CUP size shall be four contiguous acres. (e) Maximum density shall be as follows: (1) Single-family dwelling: 5.0 units per gross acre. (f) Minimum lot width. There shall be none, unless specified in conditions. (g) Minimum CUP development frontage shall be 150 feet. (h) Minimum lot frontage shall be 20 feet adjoining a street. RZ21-08 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 3 of 8 (i) Minimum heated floor area per unit shall be as specified in conditions. (j) Minimum perimeter setback (entire CUP development) shall be as specified in conditions. (k) Minimum interior setbacks: (1) Minimum front yard shall be as specified in conditions. (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (l) Minimum accessory structure requirements: (1) Accessory structures may be located within the side or rear yards subject to perimeter and minimum yard setbacks. (m) Minimum building separation (more than one dwelling per lot). All building separations shall be as specified by the city's building code. (n) Other minimum standards. (1) Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owners areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the director of the community development department. (o) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style. b. Sign mounted in or on pillar. i. Pillar shall not exceed eight feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision's road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be set back a minimum of 60 feet from the exterior street's right-of-way. (4) No water features are permitted. (p) Rural viewshed. The following requirements of this subsection shall only apply to subdivisions with more than three lots. The requirements of this subsection except for section 64-416(k)(4) shall not apply to a single lot of record or to subdivisions with three or less lots where no individual lot abuts an exterior street. (1) Provide a 40-foot primary rural viewshed setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: RZ21-08 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 4 of 8 a. No disturbance within the 40-foot primary rural viewshed setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. b. Driveways accessing exterior streets shall be prohibited within the 40-foot primary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary rural viewshed setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary rural viewshed setback from the primary rural viewshed setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary rural viewshed setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20-foot secondary rural viewshed setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. (3) The intent of the rural viewshed is to preserve the bucolic views from the roads throughout the Rural Milton Overlay. The views may contain natural vegetation as well as equestrian related structures and uses. It is the intent to utilize the existing vegetation when possible as well as provide additional native plantings to enhance the existing viewshed when needed. a. When performing a design review of the primary rural viewshed and secondary rural viewshed setbacks, the design committee shall address the following: i. Evaluation of current state of site including vegetation of the rural viewshed, both the primary and secondary rural viewshed setbacks; ii. Determination of whether existing vegetation should be removed or vegetation should be planted to enhance the rural viewshed; iii. Consideration of whether screening of the structures is necessary; and iv. Consideration of the existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, an architectural review process is required. Such process will include a review of building elevations and landscape plans by the city architect. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre- construction meeting, the developer shall install a four-foot-high orange tree save fence at least at the combined primary rural viewshed and secondary rural viewshed setback measured from the proposed Milton Trail or sidewalk easement or the proposed right-of-way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in chapter 60 of the City Code or any other significant vegetation as determined by the city arborist. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating RZ21-08 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 5 of 8 "rural viewshed." Tree save fence shall be removed at such time as issuance of certificate of occupancy for each lot abutting the viewshed; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary rural viewshed and secondary rural viewshed setbacks. (7) Prior to the transfer of any legal interest in a CUP zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an affidavit stating the following: "At the time of the execution of this affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision." In addition, a copy of the affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. (Ord. No. 14-10-223, § 1, 10-20-2014; Ord. No. 16-09-285 , § 1, 9-7-2016) Sec. 64-898. Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonry posts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, section (j) [64-897(o)] applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. RZ21-08 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 6 of 8 (3) If a front, side, side corner or rear lot line borders an exterior street, see section [64-897(o)]. (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. ( Ord. No. 16-09-285 , § 1, 9-7-2016) Sec. 64-899. Pre-development notification and public informational meeting. (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non- residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-285 , § 1, 9-7-2016) Sec. 64-900. Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations RZ21-08 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 7 of 8 does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to provide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20- foot secondary rural viewshed setback, located immediately contiguous to, the primary setback. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. RZ21-08 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 8 of 8 Tract is synonymous with lot and parcel. ( Ord. No. 16-09-285 , § 1, 9-7-2016) Sec. 64-901. Violations and penalties. For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the city arborist. ( Ord. No. 16-09-285 , § 1, 9-7-2016) Sec. 64-902. Other regulations. The following headings contain some additional, but not all, provisions applicable to the CUP district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations of the TR, A or A-L district shall apply, as corresponding: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. ( Ord. No. 16-09-285 , § 1, 9-7-2016) Editor's note(s)—Ord. No. 16-09-285 , § 1, adopted Sept. 7, 2016, renumbered former § 64-898 as § 64-902. Secs. 64-903—64-917. Reserved. To: Planning Commissioners From: Robyn MacDonald, Zoning Manager Date: November 12, 2021 Agenda Item: RZ21-09 – A text amendment to create a new Use Permit – Farm Wineries (Sec. 64-1845) RZ21-10 – A text amendment to Sec. 64-1121- Allowed Use Chart to amend the Use Chart as it relates to Farm Wineries RZ21-11 – A text amendment to Sec. 64-1 – Definitions (Related to Farm Wineries) Executive Summary: RZ21-09 – A text amendment to create a new Use Permit – Farm Wineries (Sec. 64-1845) Currently, Farm Wineries are permitted by right within AG-1 (Agricultural) which does not require any public hearing process and the only type of regulation lies in Chapter 4, Alcohol. The proposed text amendment and the subsequent text amendments RZ21-10 and RZ21-11 will provide for the regulation of Farm Wineries within the City within the Zoning Ordinance through a proposed Use Permit. The proposed Use Permit will require that all requests go through the public hearing process that includes CZIM (Community Zoning Information Meeting), DRB (Design Review Board), PC (Planning Commission) and ultimately the Mayor and City Council. There are several proposed standards for this use that are intended to provide sufficient protection of adjacent and nearby properties as well as provide flexibility based upon the location and size o f the subject property. Staff has included a map that shows the functional classification of roads to provide context to the proposed development standard not to allow this use along “local” roads. Also included are the Chapter 4, Alcohol regulations for a Farm Winery for background information. Page 2 of 5 There was a CZIM meeting held on October 26, 2021, with four residents in attendance. They gave the following input on this item: • Concern was expressed that 5 acres is too small, and the minimum acreage should be reconsidered for this type of use. • There was a request for clarification that the distance requirement for a tasting room (50 feet from any adjacent property lines) set out in chapter 4 is not the same distance recommendation for future farm wineries that will be granted a use permit. Robyn has incorporated additional recommendations within the use regulations that will be stricter than what was approved in chapter 4, and those in attendance just requested better clarification between the definition and the use regulations as stated (want to ensure there is no “loophole” to allow the 50- foot distance in the future). RZ21-10 – A text amendment to Sec. 64-1121- Allowed Use Chart to amend the Use Chart as it relates to Farm Wineries This amendment deletes the asterisk that indicates that a farm winery is allowed by right without a Use Permit. Staff also included Georgia Farm Winery with Farm Winery within the Use Chart. RZ21-11 – A text amendment to Sec. 64-1 – Definitions (Related to Farm Wineries) Staff has revised the definition of Farm Winery to be broad and match the State’s definition of Farm Winery. Also included is the definition of a tasting room to better describe what is a tasting room in the context of a Farm Winery. Page 3 of 5 Page 4 of 5 Page 5 of 5 RZ21-09 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 1 Sec. 64-1845. Farm Winery or Georgia Farm Winery. (a) Required districts. AG-1 (b) Standards. (1) Lot area shall be a minimum of five acres in size. (2) Permitted curb cut access shall not be allowed from a local road. (3) Parking. a. Parking areas must be constructed of concrete, asphalt, and/or gravel or as approved by the department of public works or other materials that prevents erosion of the parking area. b. One parking space per 2.5 attendees is required. c. Parking areas shall be screened from roads and adjacent properties. (4) No outdoor music or outdoor amplification of sound permitted. (5) Activity areas such as tasting rooms, buildings used for production, storage, and bathroom facilities, including parking shall be at least 100 feet from any lot line unless the winery and adjacent lot are in single ownership but does not include the propagation of grapes and other crops. (6) The maximum number of attendees and hours of operation including deliveries will be evaluated by the mayor and city council on a case-by-case basis for each site to protect the public's health, safety and welfare. (7) Location and dimensions of undisturbed buffers, if needed to ameliorate the visual of the facility, will be evaluated and determined by mayor and city council on a case-by-case basis for each site. (8) The design of newly constructed structures is to be consistent with the "building and other structure design” (subsection 64-1142) of the Rural Milton Overlay Zoning District. (9) Comply with applicable requirements for a Farm Winery in accordance with Chapter 4, Alcohol of the City Code unless otherwise conditioned to be more restrictive by the Mayor and City Council. (10) All uses listed under Article IX – Administrative Permits and Use Permits allowed under AG-1 will require a separate use permit to be obtained. RZ21-10 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 2 Sec. 64-1121. Allowed use chart. The following chart identifies uses and their assigned categories. These uses are allowed by right (with asterisks) or required by use permit. It is the intent that some types of uses must comply with certain development standards outlined in the Rural Milton Overlay District. Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non-Single-Family Uses Single-Family Uses Aircraft landing area Agricultural related activities** Assisted living, personal care home Apartments Single-family homes* Amphitheatre** Artist studio Daycares related to church/school Country inn** Accessory structures to the SFR* Bed and breakfast** Barns or riding areas* Medical lodging, group residences Townhouses/two- family Senior housing (SFR) Driving range** Cemetery and mausoleum Museums** Senior housing (MFR) Mobile homes, accessory dwelling (To be used as temporary dwelling while permanent structure is built) Exotic or wild animals Composting Places of worship Group residence for 5—8 children Festivals or events, outdoor/indoor** Equine garment fabrication Schools, private/special Greenhouses— Hydroponic, larger than 5,000 square feet* Greenhouses* Group residence for 9—15 children Lodge, retreat, or campground** Kennel* Quarries and surface mining Landfill, inert waste disposal Roadside stands* Landfill, solid waste Rural or Agricultural event facility** Landscape business Farm Wwineryies or Georgia Farm Winery* Medical related lodging Race track** Recreational fields Self storage/multi Sky walkwalks RZ21-10 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 2 Stadium (off-site) associated with private school Uses within the C-1, C-2, O-I zoning districts*, ** Veterinary, veterinary hospital* * Allowed by right within zoning district. ** Where qualified, all uses licensed and/or permitted under chapter 4. RZ21-11 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 1 of 1 Sec. 64-1. Definitions. Farm winery or Georgia farm winery shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. have the same meaning as set forth by state law. Tasting room means an outlet for the promotion of wine by Georgia Farm Winery by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off-premises. Samples of wine can be given free of charge or for a fee. The tasting room must be located 50 feet from any adjacent residential property lines and no larger than 2,500 square feet in size. To: Planning Commissioners From: Robyn MacDonald, Zoning Manager Date: November 12, 2021 Agenda Item: RZ21-12 – A text amendment to Chapter 64, Article VI, Division 2 – AG-1 (Agricultural) to allow certain structures housing animals to conform to the AG-1 district minimum yards. Executive Summary: This proposed text amendment is another tool in the toolbox to encourage preserving the rural character of Milton by providing more flexibility for the small hobby farms. The proposed change is to reduce the required minimum yards for structures housing animals from 100 feet from all property lines to the AG-1 (Agricultural) district minimum yards for those structures are 2,200 square feet and smaller. In addition, any openings for ingress and/or egress shall be fronting away from the nearest property line and the Community Development Department will have final approval of design and building materials. These buildings will still be permitted in the front, side and rear yards of the primary residential structure but now will have the following minimum yards: Front yard: 60 feet Side yard Adjacent to interior line: 25 feet Adjacent to street: 40 feet Rear yard: 50 feet In addition, Staff recommends that no matter the size of the lot, properties without a single-family dwelling being the principal use, structures housing animals will no longer require a Use Permit. Currently the ordinance requires properties with less than five acres to obtain a Use Permit while properties five or more acres do not require a Use Permit. This appears to be inconsistent with the overall intent to encourage the preservation of our large parcels of land that may be primarily used as agricultural within the City. Staff has also included those buildings housing animals that do not have a single-family dwelling being the principal use to also require approval of design and building materials by the Community Development Department. RZ21-12 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 8 DIVISION 2. AG-1 AGRICULTURAL DISTRICT Sec. 64-414. Scope and intent. The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permit. The AG -1 district is intended to encompass lands devoted to a wide range of uses, including: (1) Individual parcels devoted to residential use; (2) Single-family subdivisions; (3) Agricultural; and (4) Closely related uses. Sec. 64-415. Use regulations. (a) Permitted uses. A building or property may be used for only the following purposes: (1) Single-family dwelling. (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that buildings used for housing animals must be at least 100 feet from all property lines. (3) Roadside stand for the sale of agricultural products produced on the property. (4) a. For property with a single-family dwelling being the principal use, structures housing livestock and are larger than 2,200 square feet in size, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. 1. For structures housing livestock which are 2,200 square feet and smaller in size with no more than four stalls may be located in the front, rear, or side yards, provided that the structure shall conform to Sec. 64-416, (b), (c), (d) and at least 150 feet from any occupied structure located on any other property. (i.) Openings utilized for ingress/egress shall be fronting away from the nearest property line. (ii.) All structures housing livestock shall be reviewed and approved for design and building materials by the Community Development Department. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. (i.) All structures housing livestock shall be reviewed and approved for design and building materials by the Community Development Department. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property RZ21-12 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 8 lines and at least 150 feet from any occupied structure located on any other property, and provided also that a use permit must first be approved by the city council. (5) a. For property with a single-family dwelling being the principal use, an uncovered riding area, which may be located in the front, rear, or side yards. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, an uncovered riding area, which may be located in the front, rear, or side yards. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, provided that a use permit must first be approved by the city council. (6) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a lighted, uncovered riding area and/or an uncovered riding area with designated seating structures for viewing which may be located in the front, rear, or side yards and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (7) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a covered riding area, which may be located in the front, rear, or side yards provided that the covered riding area and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (8) For property with or without a single-family dwelling being the principal use, and containing ten or more acres, a lighted, covered riding area and/or a covered riding area with designated seating structures for viewing, which may be located in the front, rear, or side yards, provided that the covered riding area, lighted riding area and/or designated seating structures for viewing riding areas must be located at least 100 feet from all property lines, and further provide that a use permit must first be approved. This use shall not be permitted for property containing less than ten acres. (9) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located in a fully- enclosed building are at least 200 feet from all property lines. (10) Equine garment fabrication: provided buildings do not exceed 2,000 square feet in size and outside storage shall comply with subsection 64-49(b)(3). (b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Sec. 64-416. Development standards. (a) No building shall exceed 40 feet in height except for single family dwellings, see section 64-1141(c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. RZ21-12 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 3 of 8 (2) Three acres abutting an unpaved road; the following rules shall apply: a. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of which shall be maintained to the building line of the lot. b. Each proposed lot shall provide at least 200 feet of lot width at the building line. Graphic of three-acre lot (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style. b. Sign mounted in or on pillar. 1. Pillar shall not exceed eight feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision's road entrance. 1. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street's right-of-way. (4) No water features are permitted. (k) Rural viewshed. The following requirements of this subsection shall only apply to subdivisions wit h more than three lots. RZ21-12 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 4 of 8 (1) Provide a 40-foot primary rural viewshed setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40-foot primary rural viewshed setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. b. Driveways accessing exterior streets shall be prohibited within the 40-foot primary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary rural viewshed setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemna tion prior to the application for a primary variance. (2) Provide a 20-foot secondary rural viewshed setback from the primary rural viewshed setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary rural viewshed setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20-foot secondary rural viewshed setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. (3) The intent of the rural viewshed is to preserve the bucolic views from the roads throughout the Rural Milton Overlay. The views may contain natural vegetation as well as equestrian related structures and uses. It is the intent to utilize the existing vegetation when possible as well as provide additional native plantings to enhance the existing viewshed when needed. a. When performing a design review of the primary rural viewshed and secondary rural viewshed setbacks, the design committee shall address the following: 1. Evaluation of current state of site including vegetation, both the primary and secondary rural viewshed setbacks; 2. Determination of whether existing vegetation should be removed or vegetation should be planted to enhance the rural viewshed; 3. Consideration of whether screening of the structures is necessary; and 4. Consideration of the existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, an architectural review process is required. Such process will include a review of building elevations and landscape plans by the city architect. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; (5) After issuance of the necessary permits to disturb the property but before the required pr e- construction meeting, the developer shall install a four-foot-high orange tree save fence at least at the combined primary rural viewshed and secondary rural viewshed setback measured from the proposed Milton Trail or sidewalk easement or the proposed right-of-way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in chapter 60 of the City Code or RZ21-12 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 5 of 8 any other significant vegetation as determined by the city arborist. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating "rural viewshed." Tree save fence shall be removed at such time as the issuance of a certificate of occupancy for each lot abutting the viewshed is issued; and (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary rural viewshed and secondary rural viewshed setbacks. (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an affidavit stating the following: "At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision." In addition, a copy of the affidavit must be provided to any transferee of a legal int erest in the parcel no later than the final closing of the transfer. (l) Architectural review of structures. The following requirements are for structures located on single lot of record or a subdivision with less than four lots that abut an exterior stre et. (1) An architectural review process is required and shall include a review of building elevations and landscape plans by the city architect. (2) These structures shall be designed with street elevation architecture and shall meet the intent of section 64-1151. Sec. 64-417. Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonry posts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right -of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subd ivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. RZ21-12 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 6 of 8 (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see section [64 -416](j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural Sec. 64-418. Reserved. Sec. 64-419. Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate includi ng, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. RZ21-12 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 7 of 8 Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to provide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20 - foot secondary rural viewshed setback, located immediately contiguous to, the primary setback. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-420. Violations and penalties. For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the city arborist. Sec. 64-421. Other regulations. The following headings contain provisions applicable to the AG-1 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. RZ21-12 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 8 of 8 (8) Signs: article XVI. Secs. 64-422—64-436. Reserved. To: Planning Commissioners From: Robyn MacDonald, Zoning Manager Date: November 12, 2021 Agenda Item: RZ21-13 – A text amendment to delete Sec. 64-1596. - Event; special indoor/outdoor Executive Summary: This text amendment proposes to delete this administrative permit from Chapter 64, Zoning. The reason for deleting it is to place a revised permit for events; special indoor/outdoor within Chapter 34 of the City Code, Parks, Recreation and Cultural Affairs. City Staff, primarily from Community Outreach, have been drafting an ordinance to replace Sec. 64-1596 and place it in Chapter 34 where it is more appropriate. This code change does not come before the Planning Commission as it is outside of its regulatory oversight but requires the Mayor and City Council’s consideration. There was a CZIM meeting held on October 26, 2021, with four residents in attendance. They gave the following input on this item: • Those in attendance made it clear that they wish to see a consideration of impact on neighboring residents, in addition to the impact on city resources, included in the new standards for what qualifies as a special event. • Concern was expressed about the definition of privately owned public spaces and how that would “unintentionally” include spaces such as the “village green” near Publix and the future pond/greenspace in the MIX development on the SE corner of the Birmingham Crossroads intersection. • They also felt that 12 special events for privately owned public spaces is “too high” and will turn The Green in to a “concert venue when it was intended to be unstructured greenspace”. Several comments were made with regard to de facto increased density and concerns over potential for-profit gains on a piece of land that was proposed as a public space. Page 2 of 2 o The final feedback involved leaving all locations at a max of 2 special events per year, understanding that city sponsored, and co-sponsored events would not be included in that count. • There was some discussion around opposing removing special event permitting from chapter 64, but that seemed to be of less concern than the actual number of events being proposed. RZ21-13 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 4 Sec. 64-1596. Event; special indoor/outdoor. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Special event means any activity which occurs upon private or pub lic property that will significantly affect the ordinary use of the property in such a way as to constitute a public nuisance. (1) The term "special event" includes, but is not limited to: a. Fairs; b. Tours; c. Grand opening celebrations; d. Arts festivals; e. Concerts; and f. Holiday celebrations. (2) The term "special event" does not include private social gatherings on private property which will make no use of city streets other than for lawful access and parking. (3) The term "special event" also does not include: a. Garage sales; b. Lawn sales; c. Rummage sales; or d. Any similar casual sale of tangible personal property. (b) Required. (1) No person or organization shall conduct a special event without first having obtained a special event permit from the city. City staff shall issue a special event permit upon compliance with the requirements of this section. (2) Notwithstanding the issuance of a special event permit, such issuance shall not alleviate the obligation to comply with the requirements of other city departments, such as emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics permits, food service permits, etc., as well as with other sections of this Code, including, but not limited to those regulating: a. Alcoholic beverages; b. Business licenses; c. Fire safety; d. Zoning; and e. Signs. (3) Required districts. All districts. (c) Standards. (1) No more than two special event permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit RZ21-13 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 4 shall be made no less than 14 days prior to the event. Said permit must be in possession of the applicant and available for inspection during the hours for which the permit is issued. (2) City staff will determine if the hours of the special event constitute a public nuisance. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission statement of the property owner or leaseholder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The entire property shall comply with the zoning district's setback requirements. (6) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. (7) No tent, table or other temporary structure shall be located within the applicable minimum building setbacks on the subject site. a. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. b. All tents are subject to the fire department's approval. (8) Sales from vehicles are prohibited unless approved for the special event by the special event coordinator for the City of Milton. (9) The entire property shall comply with city's parking requirements. (10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. (11) Sound levels shall be in accordance with article VII of chapter 20 of the City Code. (12) Signage shall be in accordance with article XVI of this zoning ordinance. (13) Any special event with an expected attendance of more than 500 at any given time is required to provide a medical team (paramedic/EMT) and two off-duty police officers. Only City of Milton police officers may direct traffic on city streets. Medical teams must be City of Milton Fire Department employees. Police officers shall be compensated at an approved rate per hour with a two hour minimum. Fire department employees shall be compensated based on the size and infrastructure needs of the event (ambulance, fire truck, etc.). (d) Application. (1) Required; fee. An application for a special event permit shall be submitted to the recreation and parks director with a nonrefundable fee in the amount established from time to time by the city council no later than 60 days prior to the proposed event. (2) Waiver of fee for charitable event. Upon a written request and submittal of the appropriate documentation, the city manager may waive or reduce the permit application fee for fundraising for charitable events if he or she determines that such fee is overly burdensome to the requestor or doe s not promote the city's general welfare. (3) Contents. The following information shall be provided with every permit application: RZ21-13 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 3 of 4 a. Purpose of the special event; b. Name, address, and telephone number of sponsoring organization and the individual who is responsible for supervising and directing their proposed event; c. Proposed date, location, and hours of operation; d. Schedule of proposed events; e. Projected attendance at the event; f. Plan for parking, restroom facilities and sanitation concerns; and g. Any other such information as the special events coordinator deems reasonably necessary to determine that the permit meets the requirements of this section. (4) Waiver of time limit. a. The 60-day time requirement of subsection (d)(1) of this s ection may be waived by the city manager upon a written request and submittal of the appropriate documentation that shows clear and compelling need of immediate action. Ignorance of the permit requirement shall not establish clear and convincing need. b. Notwithstanding the preceding paragraph, no special event permit shall be issued for applications submitted less than three days before a special event. (e) Denial and revocation. (1) Reasons for the denial of a special event permit include, but are not l imited to, the following: a. The event will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city; b. The application contains incomplete or false information; c. The applicant fails to comply with all terms of this section, including the failure to remit all fees and deposits or the failure to provide proof of insurance, bonds, and a save -harmless agreement to the city; and d. The event will last longer than three days. (2) Reasons for the revocation of a special event permit include: a. The application contained incomplete or false information; b. The applicant does not comply with all terms and conditions of permit; c. The applicant fails to arrange for or adequately remit all fees, deposits, insurance, or bonds to the city; d. A disaster, public calamity, change in applicable law, riot, or other emergency exists. All permits issued pursuant to this section shall be temporary and do not vest any permanent rights. (f) Performance bond. (1) Required. A performance bond in the amount of 150 percent of the total estimated costs of the special event to the city shall be remitted to the city before the special event permit is issued. The terms of the bond shall be such that the bond shall not be released until the actual cost of the special event has been paid to the city. For purposes of calculating total estimated costs and the actual cost of the special event, no consideration shall be given to the cost of providing security or traffic control. Furthermore, no consideration may be given to the message of the special event, nor to the content of RZ21-13 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 4 of 4 speech, nor the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed as part of the special event. (2) Waiver. The requirement in subsection (f)(1) may be waived by the city manager where the city manager finds that, the performance bond would be overly burdensome, would unduly burden speech, would impair the general welfare of the city, or would be unnecessary given the size of the event or the past history. (g) Insurance. (1) Required. At the city's request, the applicant may be required to obtain and present evidence of a surety indemnity bond or comprehensive liability insurance naming the city as an additional insured. (2) Minimum requirements. The insurance requirement is a minimum of $300,000.00, personal injury per occurrence, and $100,000.00, property damage per occurrence against all claims arising from permits issued pursuant to this article. (3) Additional coverage may be required. If the event poses higher risks than covered by such insurance, the applicant shall be responsible for assessing the risks of the event and obtaining additional insurance coverage naming the city as an additional insured. (h) Save-harmless agreement required. The applicant is required to provide a save-harmless agreement in which the applicant agrees to defend, pay, and save harmless the city, its officers, and employees, from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the special event; excepting any claims arising solely out of the negligent acts of the city, its officers, and employees. (i) Cleanup requirements. (1) A special event permit may be issued only after adequate waste disposal facilities, including, where necessary, portable toilets, have been identified and evidence of a contract to provide the required facilities is provided by the applicant. (2) The applicant will clean public property of rubbish and debris, returning it to its pre -event condition, within 24 hours of the conclusion of the special event. (3) If the applicant fails to clean up such refuse, such clean up shall be arranged by the city and the costs charged to the applicant. (j City invokes sovereign immunity right. (1) This section shall not be construed as a waiver of any immunity to which the city is entitled. (2) This section shall not be construed as imposing upon the city or its officials or employees or agents any liability or responsibility for any injury or damage to any person in any way connected to the use for which permit has been issued. (3) The city and its officials and employees and agents shall not be deemed to have assumed any liability or responsibility by reasons of: a. Inspections performed; b. The issuance of any permit; or c. The approval of any public property use. (Ord. No. 14-06-209, § 1, 6-16-2014; Ord. No. 14-11-227, § 1(Exh. A), 11-17-2014) To: Planning Commissioners From: Robyn MacDonald, Zoning Manager Date: November 12, 2021 Agenda Item: RZ21-14 – A text amendment to Chapter 64 related to businesses licensed to serve and sell alcohol as required in Chapter 4, Alcoholic Beverages Executive Summary: There was a CZIM meeting held on October 26, 2021, with four residents in attendance. They gave the following input on this item: • The group was adamant that 50/50 should be the only type of establishment permitted for consumption on-premises (get rid of the 70/30 altogether, no warrant, etc.) • Also, a request to close all eating establishments at midnight was made (get rid of the 2:00 a.m. closing time). • Specific concern was expressed to the language in Sec. 64-1121 which states “where qualified, all uses licensed and/or permitted under chapter 4”. Robyn and I explained that the proposed edits would remove this language, and the intent going forward would be for zoning to drive where alcohol is authorized as opposed to alcohol licenses driving allowable zoning should the amendments be approved by Council. o This concern was specific to the Birmingham Crossroads area and those areas not under a form-based code. Clarification was made that ONLY 50/50 eating establishments (restaurants and brewpubs) should be authorized in the Crossroads area. There is a current inquiry regarding a brewery that was not supported by this group. ▪ We explained the package plant capacity issue related to eating establishments and that Robyn and I need to clarify which of the following rules has precedence regarding a brewery: Restriction on package stores in that area OR the added language that “where qualified, all uses licensed and/or permitted under chapter 4”. Since a manufacturer license would have an off-premises retail package license as part of its license we are not sure if they will be authorized to operate in the Crossroads or not. Page 2 of 3 The overall concept for the proposed changes/additions for RZ21-14 are illustrated in the chart below: ConP – Consumption on Premises Within the Form Based Codes (Deerfield and Crabapple) there have been some amendments that include adding the following uses that will require a Warrant, By Right, or Not Permitted (Blanks by the Use). ➢ Off-Premises Beer or Wine Retailer ➢ General Retail with Consumption On-Premises ➢ Restaurant, Full-Service ➢ Restaurant, Limited Food Service ➢ Off-Premises Distilled Spirits Retailer or Store (Formally Liquor Selling Establishment) ➢ Bar – Not Permitted ➢ Nightclub- Not Permitted Within the traditional zoning districts, C-1, C-2, and MIX the following uses are listed in the zoning district by Right: Page 3 of 3 C-1: ➢ Restaurant, Full Service ➢ Off-premises beer/wine retailer or store C-2: - Note: Any uses listed in C-1 are permitted in C-2 ➢ Off-premises distilled spirits retailer or store (Formally Liquor and Package Sales Store) MIX: ➢ Restaurant, Full Service ➢ Off-premises beer/wine retailer or store The following uses are required to obtain an Administrative Permit as listed in Article IX – Administrative Permits ➢ Brewpubs ➢ Retail with consumption on-premises ➢ Off-Premises beer/wine retailer or store with consumption on-premises ➢ Restaurant, limited food service • There have been edits to definitions in 64-1, and both Crabapple and Deerfield Form Based Code Definitions. • Added uses to Sec.64-395 – Uses Prohibited in All Zoning Districts • Rural Milton Overlay District Use Chart – Deleted asterisk that allowed alcohol for various uses RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 1 of 42 Sec. 64-1. Definitions. (a) Scope. Words not defined herein shall be construed to have the meaning given by Merriam -Webster's Collegiate Dictionary, eleventh edition. (b) Use and interpretation. The following shall apply to the use of all words in this zoning ordinance: (1) Words used in the present tense shall include the future tense. (2) Words used in the singular shall include the plural and vice versa. (3) The word "shall" is mandatory. (4) The word "may" is permissive. (5) The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning districts established by this zoning ordinance. (6) The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for." (c) Terms. Accessory site feature means mechanical, electrical and ancillary equipment, cooling towers, mechanical penthouses, heating and air conditioning units and pads, exterior ladders, storage tanks, processing equipment, service yards, storage yards, exterior work areas, loading docks, maintenance areas, dumpsters, recycling bins, and any other equipment, structure or storage area located on a roof, ground or building. Addition to an existing building means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter loadbearing walls, is new construction. Adjoin means to have a common border with. The term "adjoin" also means coterminous, contiguous, abutting and adjacent. Administrative minor variance. See "Variance." Administrative modification means a change to an approved condition of zoning that constitutes only a technical change and does not involve significant public interest as determined by the director of community development. Administrative variance. See "Variance." Adult bookstore means an establishment or facility licensed to do business in the city having a minimum of 25 percent of its stock in trade, for any form of consideration, any one or more of the following materials: (1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, CDs, DVDs or other video reproductions, or slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," as defined herein; or (2) Instruments, devices, novelties, toys or other paraphernalia that are designed for use in connection with "specified sexual activities" as defined herein or otherwise emulate, simulate, or represent "specified anatomical areas" as defined herein. Adult entertainment means permitting, performing, or engaging in live acts: RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 2 of 42 (1) Of touching, caressing, or fondling of the breasts, buttocks, and anus, vulva, or genitals; (2) Of displaying of any portion of the areola of the female breast, or any portion of his or her pubic hair, cleft of the buttocks, anus, vulva or genitals; (3) Of displaying of pubic hair, anus, vulva, or genitals; or (4) Which simulate sexual intercourse (homosexual or heterosexual), masturbation, sodomy, bestiality, oral copulation, flagellation. None of these definitions shall be construed to permit any act which is in violation of any county or state law. Adult entertainment establishment. (1) The term "adult entertainment establishment" means any establishment or facility licensed to do business in the city where adult entertainment is regularly sponsored, allowed, encouraged, condoned, presented, sold, or offered to the public. (2) The term "adult entertainment establishment" does not include traditional or mainstream theater which means a theater, movie theater, concert hall, museum, educational institution or similar establishment or facility which regularly features live or other performances or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of "specified anatomical areas" or "specified sexual activities" in that the depiction, display, description or featuring is incidental to the primary purpose of any performance. Performances and showings are regularly featured when they comprise 90 percent of all performances or showings. All weather surface means any surface treatment, including gravel, which is applied to and maintained so as to prevent erosion, and to prevent vehicle wheels from making direct contact with soil, sod or mud; and which effectively prevents the depositing of soil, sod or mud o nto streets from areas required to be so treated. Alternative antenna support structure means clock towers, campaniles, freestanding steeples, light structures and other alternative designed support structures that camouflage or conceal antennas as an architectural or natural feature. Alternative screening design means a vegetative screening as approved by the city arborist. Amateur radio antenna means radio communication facility that is an accessory structure to a single-family residential dwelling operated for noncommercial purposes by a Federal Communication Commission licensed amateur radio operator. The term "antenna" includes both the electronic system and any structures it is affixed to for primary support. Antenna means any exterior apparatus designed for telephone, radio, or television communications through the sending or receiving of electromagnetic waves. Apartment means a building which contains three or more dwelling units either attached to the side, above or below another unit. The term "apartment" also refers to a dwelling unit attached to a nonresidential building. (See "Dwelling, multifamily.") Appeal means a request for relief from a decision made by: (1) The director of community development; (2) Other department directors; (3) The board of zoning appeals; and (4) The city council. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 3 of 42 Applicable wall area means the wall on which a wall sign is attached, including all walls and windows that have the same street or pedestrian orientation. All open air spaces shall be excluded from the applicable wall area. Applicant means a property owner or his or her authorized representative who has petitioned the city for approval of a zoning change, development permit, building permit, variance, special exception or appeal, or any other authorization for the use or development of their property under the requirements of this zoning ordinance, or a person submitting a post-development stormwater management application and plan for approval. Application means a petition for approval of a zoning change, development permit, building permit, variance, special exception or appeal, or any other authorization for the use or development of a property under the requirements of this zoning ordinance. Art gallery means a room or building devoted to the exhibition of works of art. Artist studio means an establishment where articles or goods are produced, assembled, processed or manufactured on a custom or individual basis by an artist, craftsman or similar trained or skilled operator including but not limited to a painter, potter, metalworker, custom dressmaker, photographer, jewelr y maker, woodworker, cabinet maker, and sculptor and may include the sale of such goods. Assembly hall means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment. Attic means an unheated storage area located immediately below the roof. Automobile and light truck sales/leasing means a facility used primarily for the retail sales and leasing of new or used cars, and trucks. Automotive garage means a use primarily for the repair, replacement, modification, adjustment, or servicing of the power plant or drive-train or major components of automobiles and motorized vehicles. (1) The term "automotive garage" does not include the repair of heavy trucks, equipment and automobile body work. (2) The outside storage of unlicensed and unregistered vehicle is prohibited as part of this use (see "Automotive specialty shop and service station"). Automotive parking lots. See "Parking lot." Automotive specialty shop. (1) The term "automotive specialty shop" means a use which provides one or more specialized repair sales and maintenance functions such as the sale, replacement, installation or repair of tires, mufflers, batteries, brakes and master cylinders, shock absorbers, instruments (such as speedometers and tachometers), radios and sound systems or upholstery for passenger cars, vans, and light trucks only. (2) The term "automotive specialty shop" does not include: a. Any private or commercial activity which involves auto/truck leasing, painting , repair or alteration of the auto body; or b. Any repair, replacement, modification, adjustment, or servicing of the power plant or drive-train or cooling system be permitted, except that minor tune-ups involving the changing of spark plugs, points or condenser, including engine block oil changes, are permitted (see "Repair garage (automotive, truck and heavy equipment) and service station"). Babysitting means a service in which shelter, care, and supervision are provided for four or fewer children below the age of 12 years on an irregular basis. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 4 of 42 Bail bondsmen means all persons who hold themselves out as signers or sureties of bail bonds for compensation, and who are licensed as provided in article V, professional bondsmen, of the Milton City Code. Banner. (1) The term "banner" means any sign of lightweight fabric or similar material that is either with or without frame and hung or mounted to a pole, building or other background by one or more edges. (2) The term "banner" does not include flags. Bar means an establishment whose primary business is the provisi on of alcoholic beverages and not the consumption of food. A place that derives 75 percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and does not meet the definition of any other establishment quali fied to hold a license under chapter 4 of the city code will be presumed to be a bar. This provision does not preclude a business that otherwise qualifies as an eating establishment or restaurant from including the word "bar" in its name, provided that the name must also be indicative of food service, such as "Joe's Sports Bar & Grille". shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. Barn means a structure housing livestock. Barrier free housing means structures designed to accommodate people of all ages and physical abilities which include wheelchair and walker accessibility. A barrier free house shall incorporate universal design elements whenever possible - such as one zero-step entrance, main floor doorways of at least 32 inches of clear passage space, and a bathroom on the main floor. These provisions of universal design allow people, of various physical abilities or who become disabled, to live at home. Basement means the lower level of a building having a floor-to-ceiling height of at least six and one-half feet and a portion of its floor subgrade (below ground level) on at least one side. See also "Cellar." Beacon means any light with one or more beams directed into the atmosphere or dire cted at one or more points not on the same lot as the light source; also any light with one or more beams that rotate or move. Bed and breakfast inn means a residence in which the frequency and volume of visitors are incidental to the primary use as a private residence and where guestrooms are made available for visitors for fewer than 30 consecutive days. Breakfast is the only meal served and is included in the charge for the room. Use is allowed in nonresidential districts and permitted in AG-1 and TR with a use permit. Berm means a planted earthen mound. Billboard means a sign which advertises services, merchandise, entertainment or information which is not available at the property on which the sign is located. Boardinghouse means a residential use other than a hotel or motel in which lodging may be provided to nonhousehold members and which includes the provision of meals. Body art or piercing establishment. See "Tattoo and body art or piercing establishment". Brewery means a domestic manufacturing facility for malt beverages that is licensed by the state. a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on-premises of the brewery pursuant to state law. Brewpub means any restaurant brewer that also qualifies as an eating establishment in which beer, wine and/or distilled spirits are licensed to be sold for consumption on the premises and beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescrib ed in O.C.G.A. § 3-5-36 for retail consumption in draft form on the premises. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 5 of 42 Buffer, state water, means an area along the course of any state waters to be maintained in an undisturbed and natural condition. Buffer, tributary, means a protection area adjoining the tributaries of the Chattahoochee River. Tributary buffer specifications are contained in Part D of each prospective land use section of the tree ordinance (chapter 60). Buffer, zoning, means a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent lots and uses. A buffer is achieved with natural vegetation and must be replanted subject to the approval of the director of communi ty development or his or her designated agent when sparsely vegetated. Clearing of undergrowth from a buffer is prohibited except when accomplished under the supervision of the director of community development or his or her designated agent. Buildable area means the portion of a parcel of land where a building may be located and which shall contain enough square footage to meet the minimum required by the zoning district. The term "buildable area" means that portion of a parcel of land which is not located in the: (1) Minimum setbacks; (2) Utility corridors; (3) Driveways; (4) Slopes to build streets; (5) Tree save areas; (6) Landscape strips; (7) Specimen tree areas; (8) State water buffers; (9) Tributary buffers; (10) Zoning buffers; (11) Wetlands; (12) Stormwater; and (13) Sanitary sewer easements. Building means any structure with a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. Building code means the technical codes approved for enforcement or otherwise adopted or adopted as amended by the city under the Georgia Uniform Codes Act, which regulate the construction of buildings and structures. Building line means one which is no closer to a property line than the minimum yard (setback) requirements. Building permit means a written permit that allows construction issued by the building official. Business. (1) The term "business" means a use involving retailing, wholesaling, warehousing, outside storage, manufacturing or the delivery of services regardless of whether payment is involved. (2) The term "business" does not include uses which are customarily incidental (accessory) to another use. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 6 of 42 Canopy means a rooflike cover, excluding carports, that either projects from the wall of a building or is freestanding. Car wash, accessory, means a customarily incidental use of an attached or detached bay for cleaning vehicles. Car wash, principal, means a primary or main use which provides space for cleaning vehicles. Catering, carryout or delivery of prepared foods means to provide prepared foods and/or service off -site of the preparation facility whether by paid delivery or self-service collection. This does not include the delivery of packaged foods for individual sale. Cellar means the lower level of a building with more than one-half of its floor-to-ceiling height below the average finished grade of the adjoining ground on all sides, or with a floor -to-ceiling height of less than six and one-half feet. See also "Basement." Cemetery, human, means the use of property as a burial place for human remains. Such a property may contain a mausoleum. Cemetery, pet, means the use of property as a burial place for the remains of pets. Such a property may contain a mausoleum. Check cashing establishment means any establishment licensed by the state pursuant to O.C.G.A. § 7 -1-700 et seq. Church, temple or place of worship means a facility in which persons regularly assemble for religious ceremonies. The term "church", "temple" or "place of worship" includes, on the same lot, accessory structures and uses such as minister's and caretaker's residences, and others uses identi fied under the provisions for administrative and use permits. City means the City of Milton, Georgia. City food market shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. Clear cutting means the removal of all vegetation from a property, whether by cutting or other means, excluding stream buffer requirements. Clear cutting permit means a permit for removing trees and vegetation on properties which are not subject to an approved land disturbance permit. Clinic means a use where medical examination and treatment is administered to persons on an outpatient basis. No patient shall be lodged on an overnight basis. Club means a nonprofit social, educational or recreational use normally involving: (1) Community centers; (2) Public swimming pools or courts; (3) Civic clubhouses; (4) Lodge halls; (5) Fraternal organizations; (6) Country clubs; and (7) Similar facilities. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 7 of 42 Club, neighborhood, means any club operated for recreation and social purposes solely by the residents of a specific neighborhood or community. Commercial amusement/indoor means a use where recreational activity such as movie theaters, arcades, billiards, game rooms, bowling, skating rinks, sporting activities and other recreational amusements are conducted within a building. Commercial amusement/outdoor means a use where recreational activity such as skating rinks, batting cages, miniature golf, drive-in theaters, skating rinks, and other recreational activities or amusements that are conducted outside a building. Commercial equipment means any equipment or machinery used in a business trade or industry, including but not limited to: earth-moving equipment, trenching or pipe-laying equipment, landscaping equipment, mortar and concrete mixers, portable or mobile pumps, portable or mobile generators, portable or mobile air compressors, pipes, pool cleaning equipment and supplies, and any other equipment or machinery similar i n design or function. However, equipment and machinery for business use kept within enclosed vehicles are not included. Commercial vehicle means any vehicle used in a business, trade, industry or motorized equipment that has two (2) or more of the following characteristics: (1) Exceeds a gross vehicle weight rating (GVWR) of 11,000 pounds; (2) Is regularly used in the conduct of a business, commerce, profession, or trade; (3) Exceeds seven feet in height from the base of the vehicle to the top; (4) Exceeds 20 feet in length; (5) Has more than two axles; (6) Has more than four tires in contact with the ground; (7) Used, designed and built to carry more than eight passengers; (8) Designed to sell food or merchandise directly from the vehicle or trailer itself; (9) Bears signs, logos or markings identifying the owner or registrant, a trade, business, service or commodity. Composting. (1) The term "composting" means a processing operation for the treatment of vegetative matter into humuslike material that can be recycled as a soil fertilizer amendment, such as: a. Trees; b. Leaves; and c. Plant material. (2) The term "composting" does not include: a. Organic animal waste; b. Food; c. Municipal sludge; d. Solid waste; and RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 8 of 42 e. Other nonfarm or vegetative type wastes. Concurrent variance. See "Variance." Condominium means a form of ownership distinguished by the absence of individual lots or lot lines and utilizing instead a system of ownership whereby the dwelling or other units are individually owned but where land outside of the building walls is held in common and maintained by a condominium association in accordance with O.C.G.A. § 44-3-70, known and cited as the "Georgia Condominium Act." Construction material means building materials and rubble resulting from the construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. The term "construction material" includes, but is not limited to, asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill mat erial, and other nonputrescible wastes which have a low potential for groundwater contamination. Convalescent center/nursing home/hospice. (1) The term "convalescent center/nursing home/hospice" means a state-licensed use in which domiciliary care is provided to convalescing chronically or terminally ill persons who are provided with food, shelter and care and not meeting the test of family. (2) The term "convalescent center/nursing home/hospice" does not include hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Convenience store. (1) The term "convenience store" means a use offering a limited variety of groceries, household goods, and personal care items, always in association with the dispensing of motor fuels as an accessory use. (2) The term "convenience store" does not include vehicle service, maintenance and repair. Convenient location and time means suitable time and easily accessible place for applicants to meet with interested parties to discuss rezoning and use permit petitions. Council means the City of Milton, Georgia, mayor and city council. Country inn means a facility, with the owner or innkeepers residing on the premises, where guestrooms are made available for visitors for fewer than 30 consecutive days. The term "country inn" is distinguished from the term "bed and breakfast inn" in that it serves both breakfast and lunch or dinner. Courtyard means an open air area, other than a yard, that is bounded by the walls of a b uilding. (1) Used primarily for supplying pedestrian access, light, and air to the abutting buildings. (2) Site furniture, lighting and landscaping are appropriate. (3) Vehicular access allowed for unloading and loading only. (4) No vehicular parking or vehicular storage is allowed. Courtyard market shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. Craft beer and/or wine market shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. Crematorium means a facility for the reduction of remains to ashes by incineration. Cul-de-sac means a street having only one connection to another street, and is terminated by a vehicular turnaround. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 9 of 42 Curb cut means a connection between a roadway and a property for vehicular access. Curb cut applies to access regardless of the existence of curbing. Cutoff means a luminaire light distribution where the emission does not exceed 2.5 percent of the lamp lumens at an angle of 90 degrees above nadir and does not exceed ten percent at a vertical angle of 80 degrees above nadir. Cutoff fixture means a luminaire light distribution where the candela per 1,000 lamp lumens d oes not numerically exceed 25 (2.5 percent) at or above a vertical angle of 90 degrees above nadir, and 100 (ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire. Day care facility means a use in which shelter, care, and supervision as provided for seven or more persons on a regular basis away from their residence for less than 24 hours a day. A day care facility may provide basic educational instruction. The term "day care facility" includes: (1) Nursery school; (2) Kindergarten; (3) Early learning center; (4) Play school; (5) Preschool; and (6) Group day care home. Day care home, family. See "Family day care home." Day-night average sound level (DNL) means the 24-hour average sound level, in decibels, obtained from the accumulation of all events with the addition of ten decibels to sound levels in the night from 10:00 p.m. to 7:00 a.m. The weighing of nighttime events accounts for the usual increased interfering effects of noise during the night, when ambient levels are lower and people are trying to sleep. DNL is a weighted average measured in decibels (db). Deck means a structure abutting a dwelling with no roof or walls except for visual partitions and railings not to exceed 42 inches above finished floor which is constructed on piers or a foundation above grade for use as an outdoor living area. Delicatessen means a store where ready to eat food products, typically meats and salads, are sold. Department means the department of community development. Department director or director means the community development director. Design professional of record means the licensed professional whose seal appears on plats or plans subject to these regulations. Detention facility means a detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates. Development clearing permit means a permit that allows for the removal of trees for the purpose of land clearing, timber harvesting, tree farming and agricultural clearing. Development, duplex, means a development of duplexes. Development, multifamily means a development of multifamily dwelling units on a single lot of record. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 10 of 42 Development of regional impact (DRI) study means a review by the Atlanta Regional Commission and the Georgia Regional Transportation Authority of large-scale projects that are of sufficient size that they are likely to create impacts beyond the jurisdiction in which each project will be located. Development permit standards means requirements established for each administrative and use permit such as setbacks, access, landscape and buffer areas, hours of operation, etc. Development, single-family, means a development of single-family dwelling units, with each dwelling unit including accessory structures, on a separate lot of record. Development standards means dimensional measurements as specified in zoning districts relating to such standards as yard setbacks, lot area, lot frontage, lot width, height and floor area. Development, townhouse, means a development of townhouse dwelling units. Distillery shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances . means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Distribution line means a pipeline other than a gathering or transmission line. District, nonresidential, means a term used to identify all districts except single-family dwelling districts, all apartment districts, R-6, TR, MHP and residential portions of a CUP, includes AG-1. District, residential, means a term which applies to all single-family dwelling districts, all apartment districts, R-6, TR, MHP and residential portions of a CUP, excludes AG-1. Draft form is beer served from a cask or pressurized keg rather than from a bottle or can. Drainage facility means a facility which provides for the collection, removal and detention of surface water or groundwater from land by drains, watercourse or other means. Drive-in/up restaurant means a restaurant designed for customers to park and place and receive food orders while remaining in their motor vehicles. Drive through means a feature of an establishment which permits customers to receive services or obtain goods while remaining in or on a motor vehicle. Drive-in theater means an establishment laid out such that patrons may enter and park to view a motion picture while remaining in their vehicle. Driveway means a vehicular access way. Dwelling means any building or portion thereof which is designed for or used for residential purposes for periods of more than 30 consecutive days. Dwelling, duplex, means a structure that contains two dwelling units. Dwelling, multifamily. (1) The term "multifamily dwelling" means a structure containing three or more dwelling units. (2) The term "multifamily dwelling" does not include: a. Townhouses; b. Triplexes; or c. Quadruplexes. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 11 of 42 Dwelling, quadruplex, means four attached dwellings in one building in which each unit shares one or two walls with an adjoining unit. Dwelling, triplex, means a building containing three dwelling units, each of which has direct access to the outside or to a common hall. Dwelling unit means one or more rooms constructed with cooking, sleeping and sanitary facilities designed for and limited to use as living quarters for one family. Dwelling unit, single-family, means one dwelling unit that is not attached to any other dwelling unit by any means. Dwelling unit, rowhouse. See "Dwelling unit, townhouse." Dwelling unit, townhouse, means a single-family dwelling that shares a party wall with another of the same type and occupies the full frontage line. The term dwelling unit, townhouse and dwelling unit, rowhouse are synonymous. Eating establishment shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances.shall have the same meaning as set forth by state law (O.C.G.A. § 3-3-7). An eating establishment may be licensed to sell beer, wine and/or liquor but must derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neither barrels of beer sold to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be used when determining the total annual gross food and beverage sales. Engineer means a registered, practicing engineer, licensed by the state. Environmentally adverse means any use or activity which poses a potential or immediate threat to the environment and is physically harmful or destructive to living beings as described in the Executive Ord er 12898 regarding environmental justice. Environmentally stressed community means a community exposed to a minimum of two environmentally adverse conditions resulting from: (1) Public and private municipal uses: a. Solid waste and wastewater treatment facilities; b. Utilities; c. Airports; and d. Railroads; and (2) Industrial uses: a. Landfills; b. Quarries; and c. Manufacturing facilities. Equine garment fabrication means the fabrication, wholesale distribution, and retail sale of blankets, saddles, halters, and other similar garments utilized by the equine family of animals. Escort and dating services means any business that arranges a meeting between an escort and a client for entertainment or companionship for a fee. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 12 of 42 Exotic animal means any animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include, but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified: (1) Nonhuman primates and prosimians (monkeys, chimpanzees, baboons). (2) Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars). (3) Canidae (wolves, coyotes, foxes, jackals). (4) Ursidae (all bears). (5) Reptilia (all venomous snakes, all constricting snakes). (6) Crocodilia (alligators, crocodiles). (7) Proboscidae (elephants). (8) Hyanenidae (hyenas). (9) Artiodatyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats). (10) Procyonidae (raccoons, coatis). (11) Marsupialia (kangaroos, oppossums). (12) Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules). (13) Edentara (anteaters, sloths, armadillos). (14) Viverridae (mongooses, civets, and genets). Exterior street means a street, either public or private that is not located within a subdivision or final plat. Family. (1) The term "family" means one or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, or up to four unrelated persons, occupying a dwelling unit and living as a single housekeeping unit. (2) The term "family" does not include persons occupying a roominghouse, boardinghouse, lodginghouse, or a hotel. Family day care home means a home occupation in which shelter, care, and supervision are provided for six or fewer persons on a regular basis. A family day care home may provide basic educational instruction. Farm means: (1) A parcel of land which is used for the raising of animals (including fish) on a commercial basis, such as: a. Ranching; b. Dairy farming; c. Piggeries; d. Poultry farming; and e. Fish farming. (2) A facility for the business of boarding or renting horses to the public; or RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 13 of 42 (3) A site used for the raising or harvesting of agricultural crops such as wheat, field forage a nd other plant crops intended for food or fiber. Farm winery or Georgia Farm Winery shall have the same meaning as set forth by state law. shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. Fast food restaurant. See "Restaurant, fast food." Fence means an enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth. Fence, equestrian means fences made from treated and/or painted wooden boards nailed or screwed to posts, split rails with rounded ends that slide into holes in posts, composite board and minimum 4″ × 4″ for po sts. The height shall not exceed 60 inches from average grade and may include a three- or four-board configuration with a parallel or cross design. Colors shall be black, dark brown, or white. Columns constructed of brick or masonry is also acceptable and shall not exceed 66 inches in height from average grade. Financial establishment means an establishment for the custody, loan, exchange, or issue of money, for the extensions of credit, and for facilitating the transmission of funds. Flag lot means a lot where frontage to a public street is provided via a narrow strip of land forming a pole or stem to the buildable portion of the lot. Flea market and second hand surplus retailers means an establishment selling secondhand articles, antiques, curios and cut-rate merchandise, typically outdoors and in individually rented stalls. Flood lamp means a form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Floodlight means a form of lighting designed to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. Floodplain management terms. The following definitions apply to sections of the zoning ordinance on floodplain management: (1) As-built drawings means plans which show the actual locations, elevations, and dimensions of the improvements as certified by a professional engineer or a licensed surveyor in the state. (2) Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year the 100-year flood. (3) Base flood elevation (BFE) means the highest water surface elevation anticipated at any given point during the base flood. (4) Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, such as mining, dredging, filling, gradi ng, paving, excavation or drilling operations. (5) Federal Emergency Management Agency (FEMA) means the federal agency which administers the National Flood Insurance Program. This agency prepares, revises and distributes the maps and studies adopted under sections 64-258 through 64-315. (6) Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 14 of 42 (7) Flood elevation study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations. (8) Flood boundary and floodway map means an official map of Fulton County on which FEMA has delineated the various flood boundaries, the floodway fringe, and the floodways. (9) Flood fringe means that area contained by the flood boundaries exclusive of the regulatory floodway. (10) Flood insurance rate map (FIRM) means the official map of Fulton County on which FEMA has delineated the risk premium zones. (11) Flood insurance study (FIS) means a compilation of flood-related data obtained from the flood studies for the unincorporated areas of Fulton County, Georgia, prepared by FEMA. (12) Floodplain means lands subject to flooding, which have a one percent probability of flooding occurrence in any calendar year; the 100-year floodplain is shown on the flood boundary and floodway map. The term "floodplain" is also referred to as area of moderate flood hazard. (13) Floodprone area means areas shown on the flood insurance rate map as "Zone B" (zone where the contributing drainage area is less than one square mile) and which are determined by the public works department to be a hazard to adjacent properties or development in the event of the base flood. (14) Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improve d real property, water and sanitary facilities, structures and their contents. (15) Floodway. See "Regulatory floodway." (16) Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. (17) Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. (18) Intermediate regional flood (IRF) elevation. See "Base flood elevation." (19) Lowest floor means the lowest minimum floor including basement and attached garage. (20) Map means the flood boundary and floodway map or the flood insurance rate map. (21) Mean sea level means, for purposes of floodplain management, the National Geodetic Vertical Datum (NGVD) of 1929. (22) Mobile home. See "Mobile home." (23) Mobile home park/mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including at a minimum the installation of utilities, either final site grading or the pouring of concrete pads and construction of streets) was completed on or after April 5, 1972. (24) NGVD means the National Geodetic Vertical Datum. (25) New structure means any proposed structure which does (did) not have a valid building permit prior to the effective date of this (amendment) ordinance. Note—This resolution was adopted on March 11, 1955. Records suggest that floodplain management provisions were first adopted on April 5, 1972. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 15 of 42 (26) Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (27) Riverine means relating to, formed by, or resembling a river (including tributaries), stream, or brook. (28) Special flood hazard area means those lands subject to periodic flooding and shown on the flood insurance rate map as a numbered or unnumbered "A" zone. (29) Start of construction means the first placement of permanent construction of a structure, excluding a mobile home, on a site, such as the pouring of slabs or footing or any work beyond excavation. a. The term "start of construction" includes for any structure, except a mobile home, which has no basement or poured footings, the first permanent framing or assembly of the structure or any part thereof on its park or mobile home subdivision. For a mobile home, the term "start" means the date on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of pads, and installation of utilities) is completed. b. The term "permanent construction" does not include: 1. Land preparation, such as clearing, grading, and filling; 2. The installation of streets and walkways; 3. Excavation for a basement, footings, piers or foundations, and the erection of temporary forms; or 4. The installation of accessory buildings, such as garages and sheds, apart from the main structure. (30) State coordinating agency means the floodplain management coordinator of the state department of natural resources. (31) Structure means all walled and roofed buildings, storage tanks and other structural improvements located principally above ground. (32) Water surface elevation means the relationship between the projected heights and the NGVD reached by floods of various magnitudes and frequencies in the floodplains. Floor area, gross, means the sum of all floors of a structure as measured to the outside surfaces of exterior walls or the center of connected or common walls. (1) The term "gross floor area" includes: a. Common public areas, such as lobbies, restrooms and hallways; and b. Spaces devoted exclusively to permanent mechanical systems, permanent storage areas, stairwells and elevator shafts. (2) The term "gross floor area" does not include: a. Internal parking and loading areas; b. Attics; c. Porches; d. Balconies; and e. Other areas outside of the exterior walls of the building. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 16 of 42 (3) Gross floor area is used to determine the building sizes for all but single-family dwellings and to determine required parking when floor area is the designated measure for a use. The term "gross f loor area" is commonly referred to as floor area. Floor area, ground, means the heated floor area of the first story of a building above a basement or, if no basement, the lowest story. Floor area, heated. (1) The term "heated floor area" means the sum of all heated area of a dwelling or dwelling unit, as appropriate, measured to the inside surfaces of exterior walls. (2) The term "heated floor area" does not include: a. Porches; b. Balconies; c. Attics; d. Basements (finished or unfinished); e. Garages; f. Patios; and g. Decks. Floor area, net. (1) The term "net floor area" means the sum of all floors of a structure as measured to the outside surfaces of exterior walls. (2) The term "net floor area" does not include: a. Halls; b. Stairways; c. Elevator shafts; d. Attached and detached garages; e. Porches; f. Balconies; g. Attics with less than seven feet of headroom; h. Basements; i. Patios; and j. Decks. Floor area, net leasable, means the gross floor area less the common public areas. Food hall café shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. Footcandle means a unit of measure for illuminance on a surface that is everywhere one foot from a point source of light of one candle, and equal to one lumen per square foot of area. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 17 of 42 Fortune telling establishment means all persons, firms or corporations engaging in the business, trade or profession of fortune-telling, astrology, phrenology, palmistry, clairvoyance, or related practices for a charge or by donation. Fuel oil means a liquid petroleum product that is burned in a furnace for the generation of heat or u sed in an engine for the generation of power. The term "fuel oil" includes oil that may be: (1) A distilled fraction of petroleum; (2) A residuum from refinery operations; (3) A crude petroleum; or (4) A blend of two or more of the oils in subsections (1) through (3) of this definition. Full cutoff means a luminaire light distribution where zero candela intensity occurs at or above an angle of 90 degrees above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically exceed 100 (ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire. Full cutoff fixture means an outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Funeral home means an establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals. Garage, automobile repair. See "Repair garage, automobile." Garden center means a business whose primary operation is the sale of seeds and organic and inorganic materials, which include, but are not limited to, trees, shrubs, flowers, and other plants for sale or transplanting, mulch, pine straw, and other organic products for landscaping purposes, and other limited retail accessory products for gardening and landscaping. Gasoline station means a commercial retail establishment for the dispensing and distribution of automotive fuels with or without a retail convenience store. Gathering line means a pipeline that transports fuel oil/liquid petroleum product from a current production facility to a transmission line or main. General retail with consumption on-premises means a business that qualifies under general retail with the primary purpose being the sale of merchandise, food or non -alcoholic beverages to consumers, and wishes to allow the consumption of beer or wine on premises. Glare means the sensation produced within the visual field by luminance that is sufficiently greater than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss in visual performance and visibility. Golf course means a use of land for playing the game of golf. (1) The term "golf course" includes a country club and a driving range as an accessory use. (2) The term "golf course" does not include miniature golf. Governmental facility means a building or institution provided by the government to care for a specified need, such as a courthouse or county jail. Grade means the average elevation of the finished surface of the ground adjacent to all sides of any structure. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 18 of 42 Gravel road means an unpaved road surfaced with gravel material and may have a paved extension that is constructed and maintained to function as an all-weather surface for vehicular and pedestrian travel and is synonymous with unpaved road. Those gravel roads include the following: Black Oak Road Brittle Road Burgess Drive Burgess Road Christophers Run Clarity Road Cowart Road Darby Road Day Road Holly Road King Circle Knox Hill Drive Lackey Road Land Road Landrum Road Lively Road Louis Road Nix Road Old Cogburn Road Old Dorris Road Old Henderson Road Old Holly Road Phillips Circle Rowe Road Simmons Hill Road Spring Falls Road Summit Road Sweet Apple Road Westbrook Road Wood Road RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 19 of 42 Green space means permanently protected land and water, including agricultural and forestry land that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals: (1) Water quality protection for rivers, streams, and lakes; (2) Flood protection; (3) Wetlands protection; (4) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (6) Scenic protection; (7) Protection of archaeological and historic resources; (8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and (9) Connection of existing or planned areas contributing to the goals set out in this definition. Group residence for children means a dwelling unit or facility in which fulltime residential care is provided for children under the age of 17 years as a single housekeeping unit. A group residence must comply with applicable federal, state and local licensing requirements. A group residence may not serve the purpose of, or as an alternative to, incarceration. Group residence/shelter. (1) The term "group residence/shelter" means a state-licensed 24-hour residential facility functioning as a single housekeeping unit for the sheltered care of persons with special needs which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation. Bedroom suites shall not include kitchen facilities. (2) The term "group residence/shelter" does not include those facilities which exclusively care for children under the age of 17 years. Growler/crowler shop means a retail establishment that only sells craft beer or wine or wine-based beverages in growlers or crowlers for off-premises consumption and no other alcoholic beverages. Establishments licensed as growler/crowler shops are not authorized to sell liquor and may not sell beer or wine for consumption on premises. Growler/crowler shops shall be no larger than 2,500 square feet and have no more than 40 different beers available at any given time. Provided that all distance and zoning requirements are met, growler/crowler shops are eligible to apply for an ancillary tasting license. shop shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. Guesthouse means a detached accessory dwelling unit located on the same lot with a single-family dwelling unit. A guesthouse may be only used by relatives, guests or employees that work on the property without payment for rent. Gymnasium means a room or building used for various indoor sports and physical fitness usually equipped with spectator accommodations, locker and shower rooms, classrooms, and/or swimming pools. Hardship means the existence of extraordinary and exceptional conditions pertaining to the size, shape, or topography of a particular property, because of which the property cannot be developed in strict conformity with the provisions of this zoning ordinance. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 20 of 42 Health club/spa means a commercial establishment whose members pay a fee to use its health and fitness facilities and equipment. This definition does not include residential or subdivision amenities areas. Height means the vertical distance measured from the finished grade along all walls of a structure to the highest point of the coping or parapet of a flat roof or to the av erage height between eaves and ridge for gable, hip and gambrel roofs. Historic period lighting means commercial lighting with an architectural design from the late 19th and early 20th centuries. Home occupation means an accessory use of a dwelling unit for business, operated by members of the resident family only (see section 64-213). Home schooling means the practice of teaching one's own children at home in accordance with O.C.G.A. §§ 20-2-690 and 20-2-690.1. Hoop stress means a causation of internal and external pressure loading on the pipe. Hospital means the provision of inpatient health care for people, including: (1) General medical and surgical services; (2) Psychiatric care and specialty medical facilities; and (3) Outpatient facilities. Hotel, apartment, means a use which provides individual units which include cooking facilities, and which are used for temporary lodging to persons not related to the owner for fewer than 30 days. Hotel/motel means a building in which lodging and boarding is provided for fewer than 30 days. The term "hotel/motel" includes a restaurant in conjunction therewith. The term "hotel/motel" also means a tourist court, motor lodge and inn. IESNA means the Illuminating Engineering Society of North America, a nonprofit professional organization of lighting specialists that has established recommended design standards for various lighting applications. Illuminance means the quantity of light arriving at a surface divided by the area of the illuminated surface, measured in footcandles. (1) Horizontal illuminance applies to a horizontal surface. (2) Vertical illuminance applies to a vertical surface. (3) The term "average illuminance" means the level of illuminance over an entire illuminated target area. (4) The term "maximum illuminance" means the highest level of illuminance on any point within the entire area. (5) The term "minimum illuminance" means the lowest level of illuminance on any point within the entire area. Illuminance levels. (1) The term "illuminance levels" means illuminance levels and footcandles noted in this zoning ordinance. (2) The term "illuminance levels" also means the illuminance levels occurring just prior to lamp replacement and luminaire cleaning. (3) The average illuminance level applies to an entire illuminated target area. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 21 of 42 (4) Minimum and maximum illuminance levels apply to small areas within the entire illuminated targe t area. Unless otherwise noted, illuminance levels refer to horizontal illuminance levels. Illumination. (1) The term "direct illumination" means illumination which is projected from within a sign, building, etc. (2) The term "indirect illumination" is illumination which is projected onto a sign, building, etc. Impervious cover means any manmade paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to: (1) Rooftops; (2) Buildings; (3) Streets; (4) Roads; (5) Decks; (6) Swimming pools; and (7) Any concrete or asphalt. Improvement setback means an area adjacent to a zoning buffer in which no improvements and structures shall be constructed. No development activity such as tree removal, stump removal or grinding, land disturbance or grading is permitted without the approval of the director of community development department. Industrialized building means a building manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. §§ 8-2-110—8-2-112) and the Rules of the Commissioner of the Georgia Department of Community Affairs issued pursuant thereto. State approved buildings meet the state building and construction codes and bear an insignia of approval issued by the commissioner. Institutional uses include: (1) Schools; (2) Colleges; (3) Vocational schools; (4) Hospitals; (5) Places of worship; (6) Asylums; (7) Museums; and (8) Other similar uses or facilities. Junk facility. See "Salvage/storage/junk facility." Kennel means a use for the shelter of domestic animals where the shelter of these animals involves an exchange of revenue in which a business license is required. If the kennel is a nonbusiness operation, its use may be certified by the Fulton County Animal Control Office. Lamp means the component of an outdoor luminaire that produces light. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 22 of 42 Land disturbance permit means a permit issued by the community development department that authorizes the commencement of alteration or development of a given tract of land or the commencement of any land disturbing activity. Land disturbing activity means any alteration of land which may result in soil erosion from water or wind and the movement of sediment into water or onto la nds including, but not limited to: (1) Clearing; (2) Dredging; (3) Grading; (4) Excavating; (5) Transporting; and (6) Filling. Landfill, inert waste disposal means a disposal facility, accepting only waste that will not or is not likely to cause production of leachate of environmental concern by placing an earth cover thereon. (1) The term "inert waste" means: a. Earth and earthlike products; b. Concrete; c. Cured asphalt; d. Rocks; e. Bricks; f. Yard trash; g. Stumps; h. Limbs; and i. Leaves. (2) The term "inert waste" does not include other types of industrial and demolition waste not specifically listed in subsection (1) of this definition. Refer to the rules concerning solid waste management of the Georgia Department of Natural Resources, Environmental Protection Division, as amended, for further definition. Landfill, solid waste disposal, means a disposal facility accepting solid waste excluding hazardous waste disposed of by placing an earth cover thereon. The term "solid waste" includes waste from domestic, agricultural, commercial and industrial sources. Refer to the rules concerning solid waste management of the Georgia Department of Natural Resources, Environmental Protection Division, as amended, for further definition. Landscape architect means a registered, practicing landscape architect licensed by the state. Landscape business means a business providing the services described herein at off-site locations. While most of the actual landscape activity occurs off-site, the business owner's property may be approved for equipment storage, parking, material storage and a building or buildings for storage and plant propagation. Landscape businesses typically include outdoor activities such as: lawn installation; mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of trees, shrubs and flowers; t ree and RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 23 of 42 stump removal; the spreading and grading of top soil, mulch or other ground covers; the installation of stone, brick and block walkways and retaining walls; and the temporary storage of plant trimmings. Landscape strip means an area required by this zoning ordinance or by conditions of zoning which is reserved for the installation and maintenance of plant materials. Large-scale retail/service commercial development means a retail/service commercial development with at least one large-scale retail structure but no more than four such structures whether freestanding or combined. Large-scale retail/service commercial structure means an individual retail/service commercial structure that is 75,000 square feet or greater. This size threshold refers to an individual establishment and its associated outdoor areas used for display and storage. Laundromat means any commercial laundry where coin-operated or other self-service washing machines are available to individual customers. Laundry and dry cleaning plant distribution center means an establishment performing the dry cleaning and laundering processes on site with or without walk-in facilities and typically sending laundered products out to separate pick up sites. Laundry and dry cleaning shop means a commercial establishment whose business is the cleansing of fabrics with non-aqueous organic solvents and may include laundering off-site. Lawful use means any use of lots or structure which is not in violation of any existing federal, state or local law, statute, regulation or ordinance. Lawn service business means a commercial establishment providing lawn care, maintenance and propagation for a fee. These services are provided at off-site locations. Library means a place set apart to contain books and other literary material for reading, study, or reference, for use by members of a society or the general public. Light, direct, means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of luminaire. Light, fully shielded, means outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. Light, indirect, means direct light that has been reflected or has scattered off of other surfaces. Loading space means an area within the main building or on the same lot, which provides for the loading, or unloading of goods and equipment from delivery vehicles. Lodge and/or retreat/campground means a facility allowed with a use permit which provides space, food and/or lodging facilities for social, educational or recreational purposes. Lot means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Lot, corner, means a multiple frontage lot adjoining two streets at their intersection. Lot coverage means the percentage of impervious surfaces located on a lot in comparison to the total lot area, calculated by dividing impervious surface area by total lot area. For purposes of calculating lot coverage, impervious surfaces shall include the following: (1) The footprint of the main building regardless of size; (2) The total footprints of any accessory buildings larger than 150 square feet; RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 24 of 42 (3) Swimming pools, hot tubs, and associated decks and; (4) Parking pads and driveways. For purposes of calculating lot coverage, total lot area shall be the area of the lot reduced by the area of the following that is located within the boundaries of the lot: (1) Streets. Lot frontage means the shortest property line adjoining a street or, for lots requ iring no street frontage, oriented toward a street. A property line adjoining a stub street shall not be considered as frontage unless it is proposed for access or is the only street frontage. Front yard requirements shall be measured from this property line. In situations where a multiple frontage lot has equal distance on street frontages, the director of community development shall determine the legal lot frontage. Lot line, front, means a lot line which extends the entire length of an abutting street from intersecting property line to intersecting property line. The front lot line of a corner lot abuts the street which adjoins the lot for the shortest distance. Lot line/property line means a line established through recordation of an approved plat, or a deed in the absence of a platting requirement, which separates a lot from other lots, or a lot from rights -of-way. Lot line, rear, means, generally, the lot line opposite and most distant from the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and the most distant from the front lot line, not less than 20 feet long, and wholly within the lot. True triangular lots do not have rear lot lines. Lots with more than one front lot line do not have rear lot lines. The director of the community development department or his or her designee shall make the final determination of rear lot lines when in dispute or undefined by this definition. Lot line, side, means a lot line which is not a rear or front lot line. Lot, multiple frontage, means lots adjoining more than one street. Lot, nonconforming. See "Nonconforming lot, use or structure." Lot-of-record means a lot, whether lawful or unlawful, which appears on a deed and plat recorded in the official records of the clerk of superior court. Lot, unlawful, means any lot-of-record which, at the time of recordation in the official records of the clerk of superior court, was not in compliance with zoning and subdivision laws in effect at that time. Lot width, minimum, means the least dimension required along the building line specified for each district, parallel to the lot frontage and measured between side lot lines. Luminaire means a complete lighting system and includes a lamp and a fixture. Luminaire height means the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire. Maintenance, normal, means the upkeep of a sign for the purpose of maintaining safety and appearance which may include: (1) Painting; (2) Bulb replacement; (3) Panel replacement; (4) Letter replacement; and (5) Repair of electrical components and structural reinforcements to its original condition. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 25 of 42 Manufactured home. (1) The term "manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. (2) The term "manufactured home" includes any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. Manufactured home installation means the construction of a foundation system and the placement or erection of a manufactured home or a mobile home on the foundation system. The term "manufactured home installation" includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home. Marquee means any permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building used for advertising or identification. Massage parlor means any building, structure, or place, other than a regularly licensed and established hospital or dispensary, whose principal business is to practice nonmedical or nonsurgical manipulative exercises or devices upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor or osteopath with or without the use of therapeutic, electrical, mechanical or bathing devices. Massing means varying the massing of a building and includes varying the surface planes of the building: (1) With porches, balconies, bay windows, and overhangs; (2) By stepping-back the buildings from the second floor and above; or (3) By breaking up the roofline with different elements to create smaller compositions. Mausoleum means a building where bodies are interred above ground in stacked vaults. Medical related lodging means a use which provides temporary lodging for family members of a hospitalized patient. Micro-brewery shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry- out package and/or on-site tasting room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Millinery means an establishment for the crafting, production and, or sale of headwear. Mineral extraction means severance and removal of sand, stone, gravel, top soil, and other mineral resources whenever such severance and removal is not conducted in conjunction with a permitted development activity. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 26 of 42 Mini-warehouse means a structure or group of structures containing separate spaces/stalls which are leased or rented on an individual basis for the storage of goods. Minor variance. See "Variance." Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein; and manufactured prior to June 15, 1976, or otherwise does not comply with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. Mobile home park. (1) The term "mobile home park" means use of property for two or more mobile homes for living purposes, and spaces or lots set aside and offered for use for mobile homes. (2) The term "mobile home park" does not include mobile home sales lot. Model home means a dwelling unit used for conducting business related to the sa le of a development. Modification means an application requesting change to an approved condition of zoning or use permit, except for conditions that pertain to a change in use, increase in density, and increase in height. Modular building. See "Industrialized building." Modular home means a dwelling manufactured in accordance with the Georgia Industrialized Building Act. See "Industrialized building." Mortuary. See "Funeral Home." Motel. See "Hotel/motel." Multi-tenant means two or more businesses that provide goods and services within separate structures located on the same site or within the same structure that provides wall separation and private access for each business. Museum means an institution devoted to the exhibition, procurement, care, study and display of objects of lasting interest or value. NADIR means the point directly below the luminaire defined as zero degrees vertical angle. Nightclub shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. means an establishment whose primary business is the provision of alcoholic beverages and live entertainment or patron dancing and not the consumption of food. A place that derives 75 percent or more of its total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and cover charges or entry fees and does not meet the definition of any other establishment qualified to hold a license under chapter 4 of the city code will be presumed to be a nightclub. Nonconforming (grandfathered) lot, use or structure means a use, lot or structure that was nonconforming at the time of the adoption of the Fulton County Zoning Resolution on March 11, 1955, or subsequent amendments thereto, or created by deed between March 11, 1955 and September 21, 1967, (adoption of the subdivision regulations), and does not now meet the minimum requirements of the district in which it is located. Also, a use, lot or structure which has been made nonconforming by some county or state action. Any change or addition to a use, lot or structure must comply with current provisions of this zoning ordinance. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 27 of 42 Nonstructural consumer fireworks retail sales facility means a trailer towed by a motor vehicle or a tent, canopy, or membrane (any thin, flexible or foldable layer of material used to block sun, wind or water) structure in which consumer fireworks are offered for sale to the public. Nonstructural stormwater management practice or nonstructural practice means any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and quality control or other stormwater management benefits including, but not limited to: (1) Riparian buffers; (2) Open and greenspace areas; (3) Overland flow filtration areas; (4) Natural depressions; and (5) Vegetated channels. Nursing home. (1) The term "nursing home" means a use in which domiciliary care is provided to three or more chronically ill nonfamily members who are provided with food, shelter and care. (2) The term "nursing home" does not include: a. Hospitals; b. Clinics; or c. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. (3) A convalescent center, nursing home and personal care home are further distinguished in administrative and use permit provisions. Off-premises means a location outside of the subject lot for a designated use. Off-premises beer/wine retailer or store means any person or entity that sells or provides to the public unbroken packages or in growlers, or crowlers, not for consumption on-premises and not for resale. only to consumers and not for resell. Off-premises beer/wine retailer or store with consumption on-premises means a business that qualifies under off-premises beer/wine or retailer store and wishes to allow the consumption of beer or wine on premises Off-premises distilled spirits retailer or store means any person or entity that sells or provides to the public distilled spirits and or malt beverages and/or wine in unbroken packages, not for consumption on - the premises and not for resale.; and which derives from such retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross sales from the sale of a combination of distilled spirits, malt beverages, and wine. Off-site premises means the location of a structure or use outside the lot-of-record of the subject development, including the adjoining street or other right-of-way. On-premises means the individual lot-of-record on which the use is located. On-premise consumption retailer or store means any person or entity that sells or provides to the public alcoholic beverages for consumption on the premises, only to consumers and not for resale. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 28 of 42 On-site premises means the location of a structure or use within the confines of a property delineated by property lines or, if referenced in a zoning or use permit case, within the confines of the boundari es of the legal description filed with the petition. Office, temporary, means a mobile, manufactured or other structure which is used as an office for real estate sales, on-site construction management and related functions. Requires an administrative permit under temporary structures. Office, permanent, means a room or building wherein a professional person conducts business, typically performing a service for another. Open space means a portion of a site which is permanently set aside for public or private use and will not be developed. The space may be used for passive or active recreation or may be reserved to protect or buffer natural areas. (1) The term "open space" includes wooded areas other than required landscape strips and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands, etc. (2) The term "open space" does not include detention facilities and platted residential lots. Ordinance means this City of Milton Zoning Ordinance. Outparcel (spin-site) means a portion of a larger parcel of land generally designed as a site for a separate structure and business from the larger tract. An outparcel may or may not be a subdivision of a larger parcel. To be recognized as an outparcel, the portion must be identified on a site plan approved for the larger parcel. Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original containers or in a growler or crowl er and sold at retail to the final consumer and not for resale. Package sales store means an establishment retailing beer, malt, wine, or distilled spirits in the original consumer container, typically sold directly to the final consumer and not for resale. See section 4-1 of the Milton City Code. Parcel. See "Lot." Parking garage/deck. See "Parking lot." Parking lot means an off-street area which is used for the temporary parking of vehicle whether paid or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi-story facility. Parking space means an area designated for the parking of one vehicle on an all-weather surface. No more than two carport or garage spaces may offset the minimum parking requirements in a single-family residential district. (Specifications included in article VIII.) Path means a cleared way for pedestrians and bicycles that may or may not be paved or otherwise improved. Pawnshop means a business that lends money at interest on personal property deposited with the lender until redeemed. Personal care home/assisted living. (1) The term "personal care home/assisted living" means a state-licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services. (2) The term "personal care home/assisted living" does not include: RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 29 of 42 a. Hospitals; b. Convalescent centers; c. Nursing homes; d. Hospices; e. Clinics; or f. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Personal services, stand alone, means those buildings specifically designed and used for providing personal grooming, and hygiene services. Pet grooming means caring for the appearance of domesticated animals kept for pleasure, including bathing and brushing services. Photography studio means a room or building used for professional commercial photography. Pipeline means any conduit through which natural gas, petroleum, oxygen, or other flammable or combustible products, or any of their derivative products are conveyed or intended to be conveyed. Plans review means the act of reviewing plans and specifications to ensure that proposed undertakings comply with various governing laws, ordinances and resolutions. Compliance is subsequently utilized to determine that work and materials are in accordance with approved plans and specifications. Plant nursery. (1) The term "plant nursery" means any land used to raise trees, shrubs, flowers and other plants for sale or transplanting. (2) The term "plant nursery" does not include: a. The retail sale of any relat ed garden supplies such as chemical fertilizer, tools and other similar goods and equipment; or b. The retail sale of plants not grown on the property. Plat, final, means a finished drawing of a subdivision which provides a complete and accurate depiction of all legal and engineering information required by the subdivision regulations (chapter 50). Certification is necessary for recording. Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording pursuant to the subdivision regulations (chapter 50). The preliminary plat is the first stage in securing a land disturbance permit. Plumbing shop associated with retail sales means a commercial establishment used primarily for the sale of plumbing and lighting equipment, and supplies. Pool hall means any public place including three or more pool tables where a person is permitted to play the game of billiards and for which a charge is made for use of equipment or for which no charge is made for use of equipment and where alcoholic beverages are being served. Porch means a roofed open structure projecting from the exterior wall of a building and having at least 70 percent of the total area of the vertical planes forming its perimeter unobstructed in any manner except by insect - screening between floor and ceiling. Primary variance. See "Variance." RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 30 of 42 Printing shop means a commercial establishment where copying, reproduction and other business services are performed. Prison/correctional facility. (1) The term "prison/correctional facility" means a public or state-licensed private owned buildings, and all accessory uses and structures, used for long-term confinement housing and supervision of persons who are serving terms of imprisonment for violation of criminal laws. (2) The term "prison" is distinguished from a jail, in that a prison is considered to be larger and for longer terms, and is normally operated under the authority or jurisdiction of the state or federal government. (See section 64-1826, private correctional facility.) Private club shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. means any nonprofit association organized and existing under state law and exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended, and which: (1) Has been in existence for at least one year prior to the filing of the application for a license pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires, or leases a building or space within a building for the reasonable use of its members with: a. A suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary. Property, when used in conjunction with an application for rezoning, means an area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. Protected zone means all lands that fall outside the buildable area of a parcel, all areas of a parcel required to remain in open space, all areas required as landscape strips and buffers (including zoning buffers, state water buffers and tributary buffers) and all tree save areas according to: (1) The provisions of this zoning ordinance; (2) Conditions of zoning; (3) Use permit or variance approval; and (4) The tree preservation ordinance (article III of this zoning ordinance). Race track means the use of a course devoted to the racing of motor and non -motorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race track. Radio and television station means an installation consisting of one or more transmitters or receivers, used for radio and, or television communications. This definition includes broadcasting organizations and/or studios. Recreation fields means an outside area designed and equipped for the conduct of sports and leisure time activities including, but not limited to: (1) Softball; RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 31 of 42 (2) Soccer; (3) Football; and (4) Field hockey. Recreational court, private. (1) The term "private recreational court" means an improved area designed and intended for the playing of a game or event such as basketball or tennis, and which serves a single-family dwelling, duplex dwelling and multifamily dwelling, or combinations of dwelling types, including such improved areas which are owned and/or controlled by a neighborhood club or similar organization. (2) The term "private recreational court" does not include a basketball goal adjoining a driveway of typical residential driveway dimensions. Recreational court, public, means an improved area designed and intended for the playing of a game or event such as basketball or tennis, and is operated as a business or as a club unless such club is a neighborhood club or similar organization identified under the definition "Recreational court, private." Recreational facilities includes: (1) Parks; (2) Recreation areas; (3) Golf courses; (4) Playgrounds; (5) Recreation counters (indoor and outdoor); (6) Playing fields; and (7) Other similar uses or facilities. Recreational vehicle means a vehicle used for leisure time activities and as a dwelling unit while traveling. The dimensions of a recreational vehicle shall not exceed a width of eight and one-half feet and a length of 45 feet. (1) The term "recreational vehicle" includes: a. A camper; b. A motor home; and c. A travel trailer. (2) The term "recreational vehicle" does not include a mobile home. Recycling center, collecting, means any facility utilized for the purpose of collecting materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials. Such use may be principal or accessory to a nonresidential use on nonresidentially zoned property, except AG-1 zoned properties unless the primary use is a permitted nonresidential use. Recycling center, processing. (1) The term "processing recycling center" means any facility utilized for the purpose o f collecting, sorting and processing materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials whenever such use is permitted in M-1 and M-2 zoning districts. (2) The term "processing recycling center" does not include a landfill. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 32 of 42 Relocated residential structure means a dwelling which has been removed from one location for relocation to another lot. Repair garage, automobile, means a use which may provide a full range of automotive repairs and services including major overhauls. The term "automobile repair garage" includes paint and body shops. Repair garage, truck and heavy equipment means a use which may provide a full range of repairs and services including major overhauls on trucks and heavy equipment. The term "truck and heavy equipment repair garage" includes paint and body shops. Repair shop means a commercial establishment where small appliances, electronics and small motors are restored to working condition. Research laboratory means a workplace for the conduct of scientific research. Residential use/dwelling means any building or portion thereof where one actually lives or has his or her home. The term "residential use/dwelling" also means a place of human habitation. Restaurant, full service means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served to patrons, without sleeping accommodations, such place being provided with an adequate and sanitary full service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations and periods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be i ncluded in calculating seating space. The term "restaurant" includes cafeteria. In order to be considered a “full service” restaurant, the business must also meet the requirements of an eating establishment. Restaurant, fast food, means a food service establishment which sells food from a counter or window for consumption on-premises or off-premises. Tables may be provided, and food may be served at a table, but may not be ordered from a table. Restaurant, limited food service, means any establishment that meets all of the requirements of a restaurant but does not meet the requirements of an eating establishment. A limited food service restaurant must derive at least thirty percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food. Retail Use with Consumption On-Premises means a business that qualifies under retail use with the primary purpose being the sale of merchandise, food or non-alcoholic beverages to consumers, and wishes to allow the consumption of beer or wine on premises. Retail use means a business whose primary purpose is the sale of merchandise to consumers. Retreat. See "Lodge." Riding area means an area utilized for equestrian purposes including practice sessions, shows, etc., which may or may not be covered or with or without designated seating structures. Right-of-way means a portion of land over which a local or state government has designated a right of use. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 33 of 42 Roadside produce stand means a use offering either farm-grown, prepared food products such as fruits, vegetables, canned foods, or prepared packaged meats for sale from a vehicle or a temporary structure. The consumption of food on-site is prohibited. Roadside vending means the sale of merchandise such as clothing, crafts, household item, firewood, etc., from a temporary table or cart but excluding a temporary consumer fireworks retail sales facility. Roominghouse means a residential use other than a hotel or motel in which lodging may be provided to nonhousehold members for periods of 30 days or longer, and which does not include the provision of meals. Rural or agricultural event facility means a permanently established facility to include indoor or outdoor and indoor/outdoor or both sites utilized on a regular or seasonal basis for public and private gatherings. The facility takes advantage of special rural characteristics such as natural features, historic structures and landscapes, special views, open vistas, or a secluded pastoral locale. Types of uses may include but are not limited to weddings, corporate events, retreats, community events, private parties and family gatherings/reunions. Salvage/storage/junk facility means any use involving the storage or disassembly of wrecked or junked automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing in scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or other building materials; and the storage or accumulation outside of a storage building of used vehicle tires or tire carcasses which cannot be reclaimed for their original use. Such uses are storage and salvage facilities whether or not all or part of such operations are conducted inside or outside a building or as principal or accessory uses. State approval is required for all sites utilized for reclamation and disposal of toxic and hazardous waste. Scale refers to the relationship of the size of a building to neighboring buildings and of a building to a site. In general, the scale of new construction should relate to the majority of surrounding buildings. School, business, music or dance, means an educational institution devoted to a specific field of learning whether public or private. School, private, means an educational use having a curriculum at least equal to a public school, but not operated by the Fulton County Board of Education. School, special, means an educational use devoted to special education, including the training of gifted, learning disabled, mentally or physically handicapped persons, but not operated by the Fulton County Board of Education. Schools, colleges and universities means any educational facility established under the laws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without charge, to all residents of the city, town or other district; private schools which have students regularly attending classes and which teach subjects commonly taught in these schools of this state; any educational facility operated by a private organization or local county, or state that provides training or education beyond and in addition to that training received in grades kindergarten to 12th, including, but not limited to: (1) Trade, business and vocational schools; and (2) Any institution of higher learning, consisting of an assemblage of colleges united under one corporate organization or government, affording instruction in the arts and sciences and the learned professions, and conferring degrees. Screen means a fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of these that is designed to provided a visual and physical barrier. Seasonal business use means a primary use involving the sale of items related to calendar holidays, such as Christmas trees, Halloween pumpkins, etc., which may be conducted outside. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 34 of 42 Secondary variance. See "Variance." Self-storage/mini means a single-level structure or group of structures containing separate spaces/stalls and which are leased or rented to individuals for the storage of goods. Self-storage/multi means a multi-level structure containing separate storage rooms/stalls under a single roof that are leased or rented. Senior housing means a single-family or multifamily development intended for, operated for and designed to accommodate residents 55 years of age and older. Senior housing communities are designed for seniors to live on their own, but with the security and conveniences of community living. Some provide communal dining rooms and planned recreational activities (congregate living or retirement communities), while others provide housing with only minimal amenities or services. Service commercial use means a business whose primary purpose is to provide a service. Service line means a distribution line that transports natural gas from a common source of supply to: (1) A customer meter or the connection to a customer's piping, whichever is farther downstream; or (2) The connection to a customer's piping if there is no customer meter. The term "customer meter" means the meter that measures the transfer of gas from one operator to a customer. Service station means a use which provides for the sale of motor vehicle fuels and automotive accessories, and which may provide minor repair and maintenance services. A service station shall be limited to four or fewer bays excluding no more than one attached or detached bay for washing cars. Setback means a space between a property line and a building or specified structure. Setback, minimum, means the minimum yards as specified in the various use districts. A minimum required space between a property line and a structure. An area identified by a building line. Sidewalk means a paved area designated for pedestrians which is constructed in accord ance with city standards. Site plan means a detailed plan, drawn to scale, based on a certified boundary survey, and reflecting conditions of zoning approval, various requirements of state law, and zoning ordinances and other applicable ordinances. Site plan, preliminary, means a detailed plan, normally associated with rezoning and use permit requests, which is drawn to scale and reflects the various requirements of state law and of city ordinances. A preliminary site plan must be drawn to scale and shall contain information listed for such a plan as prescribed by the community development department. Skywalk means an elevated, grade separated pedestrian walkway or bridge located over a public right -of- way. Special event. (1) The term "special event" means an event or happening organized by any person or organization which will generate or invite considerable public participation and spectators for a particular and limited purpose of time including, but not limited to: a. Special sales and service promotions; b. Car shows; RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 35 of 42 c. Arts and crafts shows; d. Horse shows; e. Carnivals, festivals, exhibitions, circuses and fairs; f. Show houses; and g. Tours of homes for charity. (2) Special events are not limited to those events conducted on the public streets but may occur entirely on private property. (3) Special events may be for profit or nonprofit. (4) Special events which will occur in the public right-of-way, such as roadway footraces, fundraising walks, bike-a-thons, parades, etc., are subject to the approval of the city police department. Specialty shop shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. Specified anatomical areas means less than completely and opaquely covered human genitals, pubic regions, buttocks, or female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; or (3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts. Spill light means the light that illuminates surfaces beyond the intended area of illumination caused by the uncontrolled direct light component from the luminaires. Sports club shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an on-premises consumption retailer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, that the two-year operational requirement shall not apply to golf courses or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter and shall not be permitted to serve alcoholic beverages at any time. 3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon on-premises consumption retailers. Stadium means a large open or enclosed structure used for sports and other major events and partly or completely surrounded by tiers of seats for spectators. Stormwater better site design means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. The term "stormwater better site design" includes but is not limited to: (1) Conserving and protecting natural areas and greenspace; RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 36 of 42 (2) Reducing impervious cover; and (3) Using natural features for stormwater management. Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation as determined by engineering studies, in a manner which enhances and promotes the public health, safety and general welfare. Stormwater management facility means any infrastructure that effects stormwater management and which controls or conveys stormwater runoff. Story. (1) The term "story" means a portion of a building between the surface of any floor and the floor or space above it; (2) The term "story" does not include basements and attics. Story, half, means a heated and finished area below a roof, one or more of the vertical walls of which are less than normal ceiling height for the building. Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be public or they may be private if specifically approved by the community development department as part of a subdivision plat or approved through the privatization process. (1) Public streets means rights-of-way used for access owned and maintained by the federal, state, or local government. (2) Private streets means roadways and parallel sidewalks similar to and having the same function as a public street, providing vehicular and pedestrian access to more than one property, but held in private ownership (as distinct from a driveway). Private streets are constructed t o city standards but owned and maintained by a private entity. Necessary easements for ingress and egress for police, fire, emergency vehicles and all operating utilities shall be provided. Should the city ever be petitioned to assume ownership and maintenance of the private streets prior to dedication of the streets, they must be brought to acceptable city standards subject to the approval of the director of public works. (3) Stub-out streets means streets having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have, but may be required to have, a temporary vehicular turnaround. This temporary termination is to provide connectivity to future developments and may be constructed without curb and gutter provided such stub-out street meets the standards of the fire department. (4) Driveway, modified single-family residential, access or shared (private drive) means a paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure or facility for no more than five single-family residential lots that are all a minimum of three acres in size. (5) Roadway. a. The term "roadway" means the paved or graveled portion of a street from back of curb to back of curb (or edge of pavement to edge of pavement for streets not having curbs). b. The term "roadway" does not include driveway aprons, bridges, and large single and multi -cell culverts which in a hydrologic sense can be considered to function as a bridge. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 37 of 42 (6) Freeway means any multi-lane roadway having full access control and separation of directional traffic. A freeway accommodates large volumes of high speed traffic and provides efficient movement of vehicular traffic for interstate and major through travel. (7) Principal arterial means any roadway that has partial or no access control and is primarily used for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjacent land. (8) Minor arterial means any roadway that has partial or no access control and is primarily used for interconnectivity of major arterials and places more emphasis on access to adjacent land over mobility than principal arterials. (9) Collector road means any roadway that has partial or no access control and has more emphasis on access to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and from the arterial system to their destination points and allow access to the local roads. (10) Local road means any roadway that has no access control and places strong emphasis on access to adjacent land over mobility while service to through traffic is discouraged. (11) Full access control means that preference is given to through traffic by providing access connections only with selected public roads and by prohibiting crossing at grade and direct private connections. (12) Partial access control means that preference is given to through traffic to a degree that in addition to connection with selected public roads, there may be some crossing at grade and some private connections. (13) No access control means that preference is generally given to access to adjacent land rather than mobility. Structure. (1) The term "structure" means anything built or constructed which occupies a loc ation on, or is attached to, the ground. (2) The term "structure" does not include: a. Driveways; b. Surface parking lots; c. Patios; and d. Similar paved surfaces. Structure, accessory, means a subordinate structure, customarily incidental to a principal structure or use as determined by the director of community development and located on the same lot. (1) Examples of accessory structures in single-family dwelling districts include outbuildings, such as, tool sheds, woodsheds, workshops, outdoor kitchens, pool houses, gazebos, guesthouses, storage sheds, detached garages and detached carports, etc. (2) The term "accessory structure" does not include: a. Fences and retaining walls; b. Driveways; c. Surface parking lots; d. Patios, and similar paved surfaces. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 38 of 42 Structure, principal, means a structure in which the principal use or purpose on a property occurs, and to which all other structures on the property are subordinate. The term "principal" is synonymous with the terms "main" and "primary." Subdivision means the division of land into two or more lots. The term "subdivision" also means a development consisting of subdivided lots. Surface, all-weather, means any surface treatment, including gravel, which is applied to and maintained: (1) So as to prevent: a. Erosion; b. Vehicle wheels from making direct contact with soil, sod or mud; and (2) Which effectively prevents the depositing of soil, sod or mud onto streets from areas required to be so treated. Swimming pool, private, means a recreation facility designed and intended for water contact activities which serves single-family dwellings, duplex dwellings and multifamily dwellings, or combinations of dwelling types, including pools which are owned and controlled by a neighborhood club or similar organization. Swimming pool, public, means a recreation facility designed and intended for water contact activities which is operated as a business or as a club unless such club is associated with a neighborhood club or similar organization. Tasting room shall have the same definition as set forth in chapter 4 of the Milton Code of Ordinances. means an outlet for the promotion of wine produced by a Georgia Farm Winery by providing samples of such wine to the public and for the sale of such wine at retail for consumption on - premises and for sale in closed packages for consumption off-premises. Samples of wine may be given complimentary or for a fee. The tasting room must be located 50 feet from any adjacent residential property lines and no larger than 2,500 square feet in size. Tattoo and body art or piercing establishment means any establishment whose principal business activity, either in terms of operation or as held out to the public, is performing the practice of physical body adornment by using the techniques of body piercing and tattooing. For the purposes of this Code, the definition does not include ear piercing or body painting with pigments that are temporary in nature. Temporary consumer fireworks retail sales facility means a temporary building or structure that is used primarily for the retail display and sale of consumer fireworks to the public. Excluded from this definition is any nonstructural consumer fireworks retail sales facility. Tenant panels means an on-premises sign panel that lists the name of tenants within a shopping center or development which the primary sign identifies. Theater means a building or area designed primarily for showing performing arts or motion pictures. Thoroughfare, major, means any street which is classified in the transportation element of the comprehensive plan as either a freeway, an arterial or a major collector. Thoroughfare, minor, means any street which is classified in the transportation element of the comprehensive plan as a minor collector or local street. Timber harvesting means a forestry operation including but not limited to the raising and harvesting of timber, pulp wood, and other forestry products for commercial purposes, the construction of roads, insect and disease control, fire protection, and may include the temporary operation of a sawmill and/or chipper to process the timber from said parcel. This does not include the cutting of timber associated with approved land development. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 39 of 42 Tinsmithing shop means an establishment wherein tin ware, sheet metal or other l ight metals are formed or repaired. Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers and monopoles but not alternative antenna support structures. (1) The term "tower" includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and the like. (2) The term "tower" does not include amateur radio antenna. Transfer station means a facility used to transfer solid waste from one transportation vehicle to another for transportation to a disposal facility or processing operation. Transmission line means a pipeline other than a gathering line that: (1) Transports fuel oil/liquid petroleum product from a gathering line or storage facility (tank farm) to a distribution center or storage facility (tank farm); or (2) Transports fuel oil/liquid petroleum product within a storage field. Trespass light means the off-site spill light that illuminates beyond the property boundaries in which the light fixture is installed, where it is neither wanted nor needed. Truck terminal means a primary use of property where trucks/trailers are either temporarily stored, maintained or based. Trucks/trailers shall have current registration and license plates with decal. (Permitted M -2 heavy industrial district.) Unpaved road means a public unpaved road surfaced with gravel material and may have a paved extension that is constructed and maintained to function as an all-weather surface for vehicular and pedestrian travel and is reflected on the "Road Ownership and Surface Types" map and list of unpaved roads and is synonymous with gravel road. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 40 of 42 Use means the purpose or function arranged or intended for a structure or property. Use, accessory, means a subordinate use which is customarily incidental to the principal use of a lot, and which is located on the same lot as a principal use. Use permit means a permit approved by the city council, pursuant to a public hearing, which authorizes a use which must meet certain standards which exceed the requirements of the district as -a-whole. Use, principal, means the primary or main purpose or function of a lot or structure. The term "principal" is synonymous with the terms "main" and "primary." Vape shop means any business whose principal product line for retail sale is alternative nicotine products or vape juice, or both. For the purposes of this section, alternative nicotine products refer to any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe. For the purposes of this section, vape juice refers to any liquid that contains compounds contain ing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food-grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product. For purposes of this code section, "principal" shall mean that alternative nicotine products, vape juice, or both constitute at least 25 percent of the business's aggregate retail sales. Variance. (1) Administrative minor variance means a variance to the minimum district yard requirements of not more than one foot, granted administratively by the director of community development. (2) Administrative variance means a request: a. For relief from the standards contained in article XVII, development regulations; RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 41 of 42 b. To reduce the ten-foot improvement setback adjacent to buffers; or c. For a ten percent reduction of parking spaces as required in section 64 -1413. (3) Concurrent variance means a request for a primary variance concurrently with a rezoning petition, modification or use permit. (4) Minor variance means an application requesting deviation from the minimum yard requirements, not to exceed ten percent of the dimensional requirements. (5) Primary variance means an application requesting relief from the standards of the zoning ordinance, except relief from use, minimum lot area, or minimum lot frontage. (6) Secondary variance means an appeal of a decision or action of a department director authorized to hear a variance request or interpretation of this zoning ordinance. Vegetative screen means an evergreen planting which, within three years of planting, provides a 100 percent visual barrier between a lot and adjacent lots and uses with a minimum height of six feet. A vegetative screen is composed of plant materials. Vehicle, junk or salvage, means any automobile, truck or other vehicle which is missing one of the following: (1) Current registration; (2) License plate with current decal; (3) Proof of liability insurance; and (4) Drivetrain component for more than 30 days. Veterinary clinic/hospital means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. Video arcade means any building structure or place where there are operated more than 15 coin -operated or self-service bona fide amusement games as that term is defined in O.C.G.A. § 16-12-35(d). Waste means materials that are discarded, disposed of or no longer usable. Waste disposal boundary means the limit of all waste disposal areas, appurtenances, and ancillary activities including, but not limited to: (1) Internal access roads; and (2) Drainage control devices. Waste, hazardous. See "Georgia Department of Natural Resources" definition. Waste, solid. See "Georgia Department of Natural Resources" definition. Wild animal means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals. Wildlife means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists r egistered under O.C.G.A. § 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof. Yard means a land area extending between a structure and a lot line. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 42 of 42 Yard, front, means a yard abutting any street except the side street on a corner lot. Front yards extend the entire length of an abutting street from intersecting lot line to intersecting lot line. The front yard of corner lots shall be applied to the street which abuts the lot for the shortest distance. Yard, minimum, means the minimum distance between a building or specified structure and a lot line as specified in the district regulations. Yard, rear, means the minimum required distance between the rear lot line and a structure. True triangular lots do not have rear yards. Lots with more than one front lot line do not have rear yards. The director of community development or his or her designee shall make the final determination of rear yards when in dispute or undefined by this definition. Yard, side, means a yard which is not a front or rear yard. Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line, such as "patio homes" or "townhouses." Zoning conditions means the requirements placed on property by the city council at the time of approval of a rezoning and use permit. Zoning modification means an application to change approved zoning conditions on rezonings and use permits where it has been determined by the director of community development that the requested change involves a matter of significant public interest. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 1 of 1 Sec. 64-395. Uses prohibited in all zoning districts. In all zoning districts the following uses are considered objectionable and are prohibited: fortune telling establishment, massage parlor, pool hall, escort and dating services, vape shops, nonstructural consumer fireworks retail sales facility, bar, nightclub, and tattoo and body art or piercing establishment. RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 5 DIVISION 18. C-1 COMMUNITY BUSINESS DISTRICT Sec. 64-774. Scope and intent. The regulations set forth in this division are the C-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permits or use permits. The C-1 district is intended to provide locations in which neighborhood and community -oriented retail and service activities conclude a transition, or land areas which complement a transition into a more intense activity area. Complementary noncommercial uses are also permitted. Sec. 64-775. Use regulations. Within the C-1 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Apartment, above or behind commercial and office uses in the same building. b. Art gallery. c. Assembly hall or event facility. d. Automotive parking lot. e. Automotive specialty shop. f. Catering, carryout and delivery. g. Church, temple or other place of worship. h. Clinic. i. Commercial amusement, indoor. j. Convalescent center/nursing home/hospice. k. Day care facility. l. Delicatessen. m. Financial establishment. n. Funeral home. o. Garage, automobile repair, except painting, body repair and overhaul of major components. p. Gasoline stations with or without convenience stores. q. Group residence. r. Gymnasium. s. Health club/spa. t. Hotel. u. Landscaping business, garden center. v. Laundry and dry cleaning shop (excluding Laundromats). RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 2 of 5 w. Lawn service businesses. x. Library. y. Millinery or similar trade whenever products are sold retail, exclusively on the site where produced. z. Motel. aa. Museum. bb. Office. cc. Parking garage/deck. dd. Parking lot. ee. Personal care home. ff. Pet grooming (no overnight stay). gg. Photography studio. hh. Plant nursery. ii. Printing shop, convenience. jj. Repair shop, not involving any manufacturing on the site. kk. Research laboratory. ll. Restaurant, full service. mm. Retail store or shop not to include roadside vending or temporary consumer fireworks retail sales facilities. nn. School of business, dance, music or similar school. oo. Service station, except that repair and service offerings shall not include painting, body repair nor overhaul of major components, and no portion of the site shall be used for the display of cars for sale. pp. Stadium. qq. Telecommunications facility per Section 54 of the Milton City Code. rr. Theater. ss. Off-premises beer/wine retailer or store. ss. All uses licensed and/or permitted under chapter 4. (2) Accessory uses. Structures and land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Automobile and/or moving truck rental may be used in accessory to a permitted use. All uses licensed and/or permitted under chapter 4 are permitted accessory uses. Not more than 45 percent of the floor area of a building or land may be devoted to storage incidental to primary uses. RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 3 of 5 Sec. 64-776. Development standards. (a) Height regulations. No structure shall exceed the higher of four stories or 60 feet in height except as approved pursuant to article IX. (b) Minimum front yard shall be 40 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior lot lines: 25 feet for dwellings. (2) None for all other buildings. See article III of this zoning ordinance for buffer and landscape requirements. (3) For all buildings adjacent to streets: 40 feet. (d) Minimum rear yard shall be as follows: (1) Adjacent to interior lot lines: 25 feet for dwellings. (2) None for all other buildings. See article III of this zoning ordinance for buffer and landscape requirements. (e) Minimum lot area shall be as follows: (1) Single-family dwelling: 18,000 square feet. (2) Two-family dwelling: 18,000 square feet. (3) Multifamily dwelling, including a unit above or behind a commercial use: 2,500 square feet. (4) All other buildings: no minimum. (f) Minimum heated floor area per unit shall be as follows: (1) Single-family dwelling: 1,100 square feet. (2) Two-family dwelling: 800 square feet. (3) Multifamily dwelling: 700 square feet. (4) Efficiency apartment: 450 square feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum accessory structure requirements: (1) Single-family and two-family uses. Accessory structures may be located in the rear yard only but shall not be located within a minimum yard. (2) Other use. Accessory structures shall not be located in the minimum front yard. (i) Gasoline stations. (1) Gasoline station canopies and fuel pumps: a. Shall be located to the side, or rear of the principal structure. b. Fuel pump canopies shall be located the greater of: 1. Three hundred feet from any interior side or rear lot line that adjoins a lot that contains a residential structure; or RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 4 of 5 2. One hundred feet from any property zoned AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, MIX with a residential component, or CUP. (2) There shall be no more than eight fuel pumps allowed on the site. (3) Fuel pump canopy shall have a minimum 6:12 pitch roof subject to the approval of the design review board. (4) Fuel pump canopies shall not exceed 14 feet in height as measured to the sof fit. (5) Fuel pump canopies shall be compatible with the color, texture, material, and architectural design of the principal structure. (6) Fuel pump canopy support columns shall be compatible with the color, texture, and material of the facade of the principal structure. (7) Fuel pump canopies, canopy support columns, and fuel pumps shall not be internally illuminated. (8) There shall be no carwash or emission inspection station located on the same parcel with the gasoline station. (9) Any parcel on which a pump is located must have a principal structure of not less than 1,600 square feet located thereon. (10) Lighting shall be shielded to direct light and glare onto the parcel where the gas/fueling station is located. (11) Intercom or speaker systems shall only be utilized for the purpose of communications between employees and customers and shall direct sound away from adjacent residential structures. (12) Location, number, and size of the following uses shall be approved by the Design Review Board: air pumps, vacuums, and charging stations. (13) Definitions: a. Fuel pump, also known as a "fueling position," means any device used for the sale of fuel for motor vehicles. A single fuel pump is a fuel pump that can serve only one vehicle at a time. The number of pumps on a single device is determined by the maximum number of vehicles that can be serviced at the same time. b. Emission inspection station means any permanent or temporary structure that provide the service of inspecting automobile emissions as required by the State of Georgia. c. Car wash means an area or structure equipped with facilities for washing automobiles. Sec. 64-777. Other regulations. The following headings contain provisions applicable to the C-1 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 5 of 5 (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. (9) Noise study report: section 64-2131. Secs. 64-778—64-796. Reserved. ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 19. C-2 COMMUNITY BUSINESS DISTRICT RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 3 DIVISION 19. C-2 COMMUNITY BUSINESS DISTRICT Sec. 64-797. Scope and intent. The regulations set forth in this division are the C-2 District regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permits or use permits. The C -2 district is intended to provide locations in which community and regionally-oriented retail and service activities conclude a transition, or locations which complement a transition into a more intense activity area. Complementary noncommercial uses are also permitted. Sec. 64-798. Use regulations. Within the C-2 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Any use permitted in the C-1 district. b. Automobile and light truck sales/leasing. c. Automotive garage. d. Automotive repair garage. e. Bail bondsmen. f. Batting cage, outdoor. g. Bowling alley. h. Car wash. i. Check cashing establishment. j. Commercial amusements (outdoor). k. Drive-in theater. l. Flea markets and second hand surplus retailers not to include roadside vending. m. Garage, automobile repair. n. Laundromat. o. Laundry and dry cleaning plant distribution center, not including processing, fabrication or manufacturing. p. Liquor and package sales stores. Off-premises distilled spirits retailer or store q. Pawnshop. r. Plumbing shop associated with retail sales. RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 3 s. Radio and television station. t. Recycling center, collecting. u. Service commercial establishment. v. Skating rink. w. Stand alone personal services, including barbershop, beauty shop. x. Tinsmithing shop associated with retail sales. y. Video arcades. z. All uses licensed and/or permitted under chapter 4. (2) Accessory uses. Structures and land may be used for uses customarily incidental to any permitted use and dwellings may be used for a home occupation. All uses licensed and/or permitted under chapter 4 are permitted accessory uses. Sec. 64-799. Development standards. (a) Height regulations. No structure shall exceed the higher of four stories or 60 feet in height except as approved pursuant to article IX. (b) Minimum front yard shall be 40 feet. (c) Minimum side yard shall be as follows: (1) For dwellings adjacent to interior lot lines: 25 feet. (2) None for all other buildings. See article III of this zoning ordinance for buffer and landscape requirements. (3) For all buildings adjacent to streets: 40 feet. (d) Minimum rear yard shall be as follows: (1) For dwellings adjacent to interior lot lines: 25 feet. (2) None for all other buildings. See article III of this zoning ordinance for buffer and landscape requirements. (e) Minimum lot area shall be as follows: (1) Single-family dwelling: 18,000 square feet. (2) Two-family dwelling: 18,000 square feet. (3) Multiple dwellings including a unit above or behind a commercial use: 2,500 square feet. (4) All other buildings: no minimum. (f) Minimum heated floor area shall be as follows: (1) Single-family: 1,100 square feet. (2) Two-family: 800 square feet. (3) Multifamily: 700 square feet. (4) Efficiency apartment: 450 square feet. RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 3 of 3 (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum accessory structure requirements: (1) Single-family and two-family uses. Accessory structures may be located in the rear yard only but shall not be located within a minimum yard. (2) Other use. Accessory structures shall not be located in the minimum front yard. Sec. 64-800. Other regulations. The following headings contain provisions applicable to the C-2 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. (9) Noise study report: section 64-2131. Secs. 64-801—64-819. Reserved. - RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 1 of 3 DIVISION 17. MIX MIXED USED DISTRICT Sec. 64-751. Scope and intent. The regulations in this division are the MIX district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The MIX district is intended to encourage flexible, innovative and creative concepts in site planning and efficient use of land and to provide a stable multiple-use environment compatible with surrounding uses. The MIX district is particularly encouraged in areas designated by the comprehensive plan land use map as suitable for commercial (including retail, service commercial and office) uses and in living-working corridors. Sec. 64-752. Use regulations. The MIX district mandates a residential component of single-family dwellings, duplexes, triplexes, quadruplexes, townhouses, multifamily dwellings or any combination thereof along with at least two of the following: commercial, office or institutional uses. Within the MIX district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for the following purposes: a. Single-family dwelling. b. Duplex. c. Triplex. d. Quadruplex. e. Townhouse. f. Multifamily dwelling. g. Roominghouse and boardinghouse. h. Art gallery. i. Assembly hall or event facility. j. Car wash, detail shop or service station located inside a parking garage as long as such uses are not visible from the exterior of the parking garage. k. Convalescent center/nursing home/hospice. l. Church, temple or other place of worship. m. Clinic. n. Community center building. o. Dancing school. p. Day care center. q. Financial establishment. r. Funeral home. s. Group residence. RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 2 of 3 t. Gymnasium. u. Health club/spa. v. Hospital. w. Hotel. x. Institutions of higher learning including business colleges, music conservatories, and similar institutions. y. Library. z. Museum. aa. Office. bb. Parking garage/deck. cc. Parking lot. dd. Personal care home. ee. Recording studio. ff. Research laboratory. gg. Retail and/or service establishment. hh. Full service rRestaurant or fast food restaurant. ii. Stadium. jj. Theater. kk. Off-premises beer/wine retailer or store kk. All uses licensed and/or permitted under chapter 4. (2) Accessory uses. Structures and land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. No more than 25 percent of the total floor area of a building may be devoted to storage. Sec. 64-753. Development standards. (a) Height regulations. Structures shall be no higher than 60 feet, except with a use permit to exceed the maximum height. (b) Minimum development front yard shall be as specified in conditions. (c) Minimum development side yards shall be as specified in conditions. (d) Minimum development rear yard shall be as specified in conditions. (e) Minimum development frontage shall be 35 feet. (f) Minimum internal setbacks, separations, landscaping and buffering between uses shall be as specified in conditions. (g) Minimum lot area per dwelling unit for single-family or duplex shall be as specified in conditions. RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 3 of 3 (h) Minimum lot frontage for single-family or duplex shall be 20 feet adjoining a street. (i) Minimum lot width for single-family or duplex. There shall be none, unless s pecified in conditions. (j) Minimum interior setbacks for single-family or duplex: (1) Minimum front yard: as specified in conditions. (2) Minimum side yard: as specified in conditions. (3) Minimum rear yard: as specified in conditions. (k) Minimum building separations. All building separations shall be as specified by the city's building code. (l) Minimum heated floor area per dwelling unit shall be as specified in conditions. (m) Minimum accessory structure requirements: (1) Single-family, duplex and townhouse accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (2) Multifamily accessory structures shall not be located in the minimum front yard. (n) Minimum common outdoor area shall be 20 percent of the total site area shall be common outdoor area and shall be maintained by the property owner. (o) Pedestrian connectivity. All components are required to be interconnected with pedestrian paths constructed of either colored/textured materials or conventional sidewalk materials and clearly identified. (p) Parking. Subject to the approval of the director of the community development department, off -street parking as required by article VIII may be reduced and shared parking among uses may be permitted. Sec. 64-754. Other regulations. The following headings contain some additional, but not necessarily all, provisions applicable to the MIX district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. (9) Noise study report: section 64-2132. Secs. 64-755—64-773. Reserved. RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 1 of 2 Sec. 64-1121. Allowed use chart. The following chart identifies uses and their assigned categories. These uses are allowed by right (with asterisks) or required by use permit. It is the intent that some types of uses must comply with certain development standards outlined in the Rural Milton Overlay District. Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non-Single-Family Uses Single-Family Uses Aircraft landing area Agricultural related activities** Assisted living, personal care home Apartments Single-family homes* Amphitheatre** Artist studio Daycares related to church/school Country inn** Accessory structures to the SFR* Bed and breakfast** Barns or riding areas* Medical lodging, group residences Townhouses/two- family Senior housing (SFR) Driving range** Cemetery and mausoleum Barns or riding areas that require a Use Permit Museums** Senior housing (MFR) Mobile homes, accessory dwelling (To be used as temporary dwelling while permanent structure is built) Exotic or wild animals Cemetery and mausoleum Composting Places of worship Group residence for 5—8 children Festivals or events, outdoor/indoor** Composting Equine garment fabrication Schools, private/special Greenhouses— Hydroponic, larger than 5,000 square feet* Equine garment fabrication Greenhouses* Group residence for 9—15 children Greenhouses* Lodge, retreat, or campground** Kennel* Lodge, retreat, or campground Quarries and surface mining Landfill, inert waste disposal Quarries and surface mining Roadside stands* Landfill, solid waste Roadside stands* Rural or Agricultural event facility** Landscape business Rural or Agricultural event facility Farm wineries* RZ21-14 - Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/202111/11/2021 Page 2 of 2 Medical related lodging Farm winery or Georgia Farm Winery Race track** Recreational fields Self storage/multi Sky walk Stadium (off-site) associated with private school Uses within the C-1, C-2, O-I zoning districts*, ** Veterinary, veterinary hospital* * Allowed by right within zoning district. ** Where qualified, all uses licensed and/or permitted under chapter 4. ARTICLE XIX - CRABAPPLE FORM BASED CODE RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 3 TABLE 9: Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. Additionally, the use allowances and requirements in Article IX (Administrative Permits and Use Permits) apply to this Article. R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL1 T2 T3 T4-R2 T4 T4-O3 T5 Apartment U U U Loft Apartment U R R Neighborhood Apartment U R R Live/Work Unit R R R R Row House R R R R Duplex House R R R R Courtyard House R R R R Sideyard House R R R R R Cottage R R R R House R R R R R Accessory Unit R R R R R b. LODGING Motel, Hotel R R Bed & Breakfast Inn U U R R R School Dormitory R R R c. OFFICE Office R R R Radio and Television Station Live/Work Unit R R R R d. RETAIL Open-Market Structure R R R R R General Retail R R R Off-Premises Beer or Wine Retailer or Store R R R General Retail with Consumption on- Premises W W W Pawn Shop General Service R R R Artist Studio U U U Restaurant Restaurant, Full-Service R R R Restaurant, Limited Food Service W W W Kiosk R R R Drive-Through Facility7 U U Push Cart W W Liquor Selling Establishment - Off-Premises Distilled Spirits Retailer or Store W W W W Off-Premises Retail Beer or Wine with Consumption on Premises W W W Self Service Laundromat R R Laundry and Dry Cleaning Shop R R Bank/Financial Institution R R ARTICLE XIX - CRABAPPLE FORM BASED CODE RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 3 Bail Bondsmen Check Cashing Establishment Bar Nightclub Adult Entertainment Fortune Telling Establishment Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment Where qualified, all uses licensed and/or permitted under chapter 4 R R R e. CIVIC Bus Shelter R R R R R R Convention Center Conference Center W W Fountain or Public Art R R R R R R Library R R R Theater U U Indoor Commercial Amusement R R T2 T3 T4-R2 T4 T4-O3 T5 Outdoor Commercial Amusement W W Museum R R Assembly Hall, Indoor Auditorium U U Gymnasium R R Outdoor Auditorium W R R R R Parking Structure R R Passenger Terminal Playground R R R R R R Sports Stadium Surface Parking Lot W W W Places of Worship U U U U U U Grain Storage R Livestock Pen W Greenhouse R W Stable R W Veterinary Clinic/Hospital, Kennel (with inside pens) W W Kennel with Outside Pens U U Pet Grooming9 R R f. OTHER: AUTOMOTIVE Gasoline Station4 W W Service Station Automotive Garage, Repair Garage R R Automotive and Light Truck Sales/Leasing W Car Wash5 R R ARTICLE XIX - CRABAPPLE FORM BASED CODE RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 3 of 3 Drive-Through Facility6 U U Roadside Stand R R R R f. OTHER: CIVIL SUPPORT Fire Station R R R R R R Police Station R R R R Cemetery U U U Funeral Home R R Hospital Medical Office, Clinic R R Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice R R f. OTHER: EDUCATION School of Business, Dance, Music or Similar W W College U U U U U High School U U U U U Trade School U U U U U Elementary School U U U U U Childcare Center7 U U U U U f. OTHER: INDUSTRIAL Heavy Industrial Facility Light Industrial Facility W Manufacturing W Micro-breweries and Micro-distilleries W W W Breweries and Distilleries W W W Brewpub W W W Catering R R Laundry and Dry Cleaning Distribution Center R Research Laboratory W Water Supply Facility Sewer and Waste Facility Electric Substation W W W W W W Telecommunications See Sec. 54 of the Code of the City of Milton Cremation Facility Warehouse Landscaping, Lawn Service R R Produce Storage Recycling Center8 W Mini-Storage 1. This table notwithstanding, all senior housing shall comply with Sec. 64-1834(a). 2. T4-Restricted. 3. T4-Open. 4. See Sec. 4.14 for additional requirements. 5. Includes both principal and accessory car washes. 6. Drive-through facilities are considered accessory to a Retail or Automotive Function. 7. See Sec. 64-1809 for additional requirements. 8. Collection only. 9. No overnight stay. ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 9 ARTICLE 6. DEFINITION OF TERMS 6.1 DEFINITIONS 6.1.1 This Section provides definitions for terms in This Code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Section or in Section 64 -1 of this zoning ordinance, then the community development director shall determine th e correct definition. Items in italics refer to Articles, Sections, or Tables in This Code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the ground that is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structures, garages, gasoline station canopies, pumps, and car washes. Accessory Unit: a small Apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Apartment, Loft: an apartment located in a building where the first Story is used for non-Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function. Apartment, Neighborhood: an apartment that is not Loft Apartment and is located in a development where the total combined number of apartment dwelling units does not exceed 30. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares on all sides. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. Brewery: a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on-premises of the brewery pursuant to state law. ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 9 By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. See Warrant and Variance. Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the planes of the two adjacent walls are cut away, usually at an angle of 45 degrees. Childcare Center: A facility providing care, protection, and supervision of children on a regular basis away from their primary residence. Childcare Centers specifically exclude kindergartens, pre-kindergartens, and similar facilities when said kindergarten, pre-kindergarten, or similar facility is accredited by the Georgia Accreditation Commission. For the purpose of This Code such accredited facilities shall be considered Elementary Schools. (Syn: daycare) City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of This Code. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Site: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4. Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Code, This: Article XIX of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Conference Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of 800 or fewer people or have meeting and exhibition areas that total 12,000 square feet or less, regardless of whether a principal or accessory use. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Convention Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of more than 800 people or have meeting and exhibition areas that total more than 12,000 square feet, regardless of whether a principal or accessory use. Cottage: an Edgeyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 6. ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 3 of 9 Courtyard House: a Courtyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25—35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. Distillery: means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. District, This: property located within the boundaries identified in the Crabapple Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 6. Eating establishment: have the same meaning as set forth by state law (O.C.G.A. § 3-3-7). An eating establishment may be licensed to sell beer, wine and/or liquor but must derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neit her barrels of beer sold to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be used when determining the total annual gross food and beverage sales. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or h orizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi -Use trail and having an average width of 8 feet. Enfront: to place an element along a Frontage, as in "porches Enfront the street." Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 4 of 9 Forecourt: a Private Frontage wherein a portion of the Facade is close to the Fr ontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 2A and Table 7. Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 12. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 8A and Table 9. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Si dewalk. See Table 7. General Retail: a business whose primary use is the sale of merchandise, food or beverages to consumers, specifically including, but not limited to, delicatessens, plant nursery, art galleries, printing shops, garden centers, retail store or shops, automotive specialty shops, repair shops not involving any manufacturing on the site, and millineries or similar trade shops whenever products are sold exclusively on the site where produced. General Retail does not include roadside vending, adult bookstores, pawnshops, liquor selling establishments off-premises distilled spirits retailer or store or other uses specifically set forth in Table 9. General Retail with Consumption On-Premises: a business that qualifies under general retail with the primary purpose being the sale of merchandise, food or non -alcoholic beverages to consumers, and wishes to allow the consumption of beer or wine on premises General Service: a business whose primary use is to provide a service, specifically including, but not limited to, health clubs, spas, personal grooming and hygiene services, barbershops, beauty shops, laundry and dry cleaning shops (excluding laundromats), and photography studios. General Service does not include financial establishments, banks, check cashing establishments, or other uses specifically set forth in Table 9. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4. Greenway: an Open Space Corridor in largely natural conditions which may include Multi -Use Trails and Equestrian Trails. Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non -industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A. House: an Edgeyard Building containing a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. Kiosk: a permanent or temporary freestanding structure with one or more open sid es and no larger than 15 feet by 15 feet by 12 feet high from which General Retail merchandise, food, or beverages are offered for sale. ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 5 of 9 Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who li ves in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 9 and Table 10. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table- mounted electrical machinery or artisanal equipment, and including their Retail sale. Micro-brewery: a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through w holesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery: means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tasting room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. Nightclub: an establishment whose primary business is the provision of alcoholic beverages and live entertainment or patron dancing and not the consumption of food. A place that derives 75 percent or more of its total annual gross revenue from the sale of alcoholic beverages for consumption on -premises and cover charges or entry fees and does not meet the definition of any other establishment qualified to hold a license under chapter 4 of the city code will be presumed to be a nightclub. Off-premises beer/wine retailer or store: any person or entity that sells or provides to the public unbroken packages or in growlers or crowlers, not for consumption on-premises and not for resale. Off-premises beer/wine retailer or store with consumption on-premises: a business that qualifies under off- premises beer/wine or retailer store and wishes to allow the consumption of beer or wine on premises ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 6 of 9 Off-premises distilled spirits retailer or store : any person or entity that sells or provides to the public distilled spirits or malt beverages and/or wine in unbroken packages, not for consumption on-premises and not for resale. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. Open Market Structure: a permanent freestanding and unconditioned structure from which vendors, farmers, and artists may display and sell new merchandise, food or beverages. Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with This Code. Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 12. Package: a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original containers or in a growler or crowler and sold at retail to the final consumer and not for resale. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with This Code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code. Parking Structure: a building containing either two or more levels of above-ground parking or one or more levels of below-ground parking. Passage (PS): a pedestrian connector, open or roofed, that is open to the public and passes between buildings or lots to provide shortcuts through long Blocks and connect two Thoroughfares. Passages are not Civic Spaces. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 7 and Table 12. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 2A and Table 2B. ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 7 of 9 Push Cart: any wagon, cart, or similar wheeled container, not a vehicle as defined in the Vehicle Code of the State of Georgia, from which General Retail merchandise, food, or beverages are offered for sale. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House) Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by This Code. Residential: characterizing premises available for long-term human dwelling. Restaurant, Full Service: any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served to patrons, without sleeping accommodations, such place being provided with an adequate and sanitary full -service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations and periods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be included in calculating seating space. The term "restaurant" includes cafeteria. In order to be considered a “full-service” restaurant, the business must also meet the requirements of an eating establishment. Restaurant, Limited Food Service: any establishment that meets all of the requirements of a restaurant but does not meet the requirements of an eating establishment. A limited food service restaurant must derive at least thirty percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food. Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and Table 9. Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another single-family dwelling, is located in a row of at least three and not more than eight single-family dwellings, and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 12. ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 8 of 9 Setback: the area of a Lot measured from the Lot line to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6. Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and outside of a panel of insulating glass to simulate the look of true divided light. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See Table 6. Special Requirements: provisions of Section 4.3 of This Code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or above-ground portions of a basement. See Table 5. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Developmen t Rights, a method of permanently reducing development potential of areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with This Code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with This Code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a. Townhouse: See Rearyard Building. (Syn: Rowhouse) ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 9 of 9 Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical f orm and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by This Code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are assembled in the sash using muntins. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 2B and Table 12. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to This Code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of This Code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of This Code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an ad ministrative variance by the community development director as established in Section 64 -1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. Any terms not specifically defined herein shall have the same definitions as otherwise set forth in any other chapter of this ordinance. ARTICLE XX – DEERFIELD FORM BASED CODE RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 4 Table 10: Specific Function and Use. This table expands the categories of Table 9 to delegate specific Functions and uses within Transect Zones. Additionally, the use allowances and requirements in Article IX (Administrative Permits and Use Permits) apply to this Article. R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL1, 12 T2 T3 T4 T4-P9 T4-O2 T53 T6 Apartment U U U U Live/Work Unit R R R R R Rowhouse R R U U Duplex R R R R Courtyard House R R R R R Sideyard House R R R R R Cottage R R R R House R R R R R Accessory Unit R R R R R R b. LODGING Motel, Hotel R R R Bed & Breakfast Inn U U R R R R c. OFFICE Office R R R R Radio and Television Station U U U Live/Work Unit R R R R R R d. RETAIL Open-Market Structure R R R R R R R General Retail R R R R R Off-Premises Beer or Wine Retailer or Store R R R General Retail with Consumption on- Premises W W W Pawn Shop W W General Service R R R R R Artist Studio U U U U U Restaurant, Full-Service R R R R R Restaurant, Limited Food Service W W W Freestanding Fast Food Restaurant R R R R Kiosk R R R R R Drive-Through Facility6 R10 R R R Push Cart W W W Liquor Selling Establishment Off-Premises Distilled Spirits Retailer or Store WW W W W W Self Service Laundromat W W W Laundry and Dry Cleaning Shop R R R Bank/Financial Institution R11 R R R ARTICLE XX – DEERFIELD FORM BASED CODE RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 4 Bail Bondsmen Bar Night Club Check Cashing Establishment W W W Adult Entertainment Fortune Telling Establishment Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment Where qualified, all uses licensed and/or permitted under chapter 4 R R R R R e. CIVIC Bus Shelter R R R R R R R Convention Center R Conference Center W W R Fountain or Public Art R R R R R R R Library R R R R T2 T3 T4 T4-P9 T4-O2 T53 T6 Theater R R R Indoor Commercial Amusement R R R Outdoor Commercial Amusement W W W Museum R R R Assembly Hall, Indoor Auditorium R R R Gymnasium R R R Outdoor Auditorium W R R R R R R Parking Structure R R R Passenger Terminal R Sports Stadium Surface Parking Lot W W W W W Places of Worship U U U R R R R f. OTHER: AGRICULTURAL Grain Storage R Livestock Pen W Greenhouse R W Stable R W Veterinary Clinic/Hospital, Kennel (with inside pens) W W W Kennel with Outside Pens Pet Grooming8 R R R f. OTHER: AUTOMOTIVE Gasoline Station4 R R R Automobile Specialty Shop R R R Service Station Automotive Garage, Repair Garage Automobile and Light Truck Sales/Leasing W W ARTICLE XX – DEERFIELD FORM BASED CODE RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 3 of 4 Car Wash5 W W W Drive-Through Facility6 R R R f. OTHER: CIVIL SUPPORT Fire Station R R R R R R R Police Station R R R R R Cemetery U U U Funeral Home R R R Hospital R R Medical Office, Clinic R R R R Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice R R R R f. OTHER: EDUCATION School of Business, Dance, Music or Similar W W W College U U U U U U U High School U U U U U U U Trade School U U U U U U U Elementary School U U U U U U U Childcare Center7 U U R R R f. OTHER: INDUSTRIAL Heavy Industrial Facility Light Industrial Facility Manufacturing Micro-breweries and Micro-distilleries W W W Breweries and Distilleries W W W Brewpub W W W Catering R R R Laundry and Dry Cleaning Distribution Center Research Laboratory W W Water Supply Facility W W W W W W W Sewer and Waste Facility Electric Substation W W W W W W W Telecommunications See Section 54 of the Code of the City of Milton Cremation Facility Warehouse Landscaping, Lawn Service R R R Produce Storage Recycling Center Mini-Storage R R R 1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a). 2. T4-Open. 3. Includes T5-Limited subject to Table 9. 4. See Section 4.14 for additional requirements. ARTICLE XX – DEERFIELD FORM BASED CODE RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 4 of 4 5. Includes both principal and accessory car washes. 6. Drive-through facilities are considered accessory to a Retail or Automotive Function. 7. See Sec. 64-1809 for additional requirements. 8. No overnight stay allowed. 9. T4-Permissive. See Sec. 4.6.1(e) for additional restrictions in the Five Acre Road Zone. 10. Only allowed in the Five Acre Road Zone and when accessory to a bank/financial institution. 11. Only allowed in the Five Acre Road Zone. 12. Residential functions are prohibited on any parcel abutting Highway 9, excluding the Five Acre Road Zone (as shown on the adopted April 27, 2015, Regulating Plan), except when located in a vertically mixed-use building. ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 1 of 9 6.1 DEFINITIONS 6.1.1 This Section provides definitions for terms in This Code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Section or in Section 64 -1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in This Code. A-Grid: cumulatively, those Thoroughfares that by virtue of their pre-existing pedestrian-supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by This Code. See B-Grid. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the gro und that is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structures, garages, gasoline station canopies, pumps, and carwashes. Accessory Unit: a small apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path . Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. B-Grid: cumulatively, those Thoroughfares that by virtue of their use, location, or absence of pre-existing pedestrian-supportive qualities, may meet a standard lower than that of the A -Grid. B-Grid Thoroughfares are often privately-owned. See A-Grid. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 13. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares on all sides. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffer ing Sidewalks and buildings. Brewery: a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on-premises of the brewery pursuant to state law. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the Code and is permitted and processed administratively, without public hearing. Childcare Center: A facility providing care, protection, and supervision of children on a regular basis away from their primary residence. Childcare Centers specifically exclude kindergartens, pre-kindergartens, and similar facilities when said kindergarten, pre-kindergarten, or similar facility is accredited by the Georgia ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 2 of 9 Accreditation Commission. For the purpose of This Code such accredited facilities shall be considered Elementary Schools. (Syn: daycare) City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of This Code. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Site: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 5. Civic Space TDR Sending Site: a Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or Code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: a designation for sites dedicated for Civic Building Sites and Civic Spaces. Code, This: Article XX of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 8. Conference Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of 800 or fewer people or have meeting and exhibition areas that total 12,000 square feet or less, regardless of whet her a principal or accessory use. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Convention Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of more than 800 people or have meeting and exhibition areas that total more than 12,000 square feet, regardless of whether a principal or accessory use. Cottage: an Edgeyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 7. Courtyard House: a Courtyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 4A, Table 4B, and Table 4D. Density: the number of buildings units within a standard measure of land area. Design Speed: the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25 —35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 3A. ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 3 of 9 Distillery: means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. District, This: property located within the boundaries identified in the Deerfield/Highway 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 8. (Variant: Lightwell.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Eating establishment: have the same meaning as set forth by state law (O.C.G.A. § 3-3-7). An eating establishment may be licensed to sell beer, wine and/or liquor but must derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neither barrels of beer sold to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be used when determining the total annual gross food and beverage sales. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Enfront: to place an element along a Frontage, as in "porches Enfront the street." Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Five Acre Road Zone: an area shown on the Deerfield/Highway 9 Regulating Plan with specific requirements that were identified in the Highway 9 North Vision Plan. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 8. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 4A and Table 8. Frontage Line: a line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 13. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 9A and Table 10. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 8. ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 4 of 9 General Retail: a business whose primary use is the sale of merchandise, food or beverages to consumers, specifically including, but not limited to, delicatessens, plant nursery, art galleries, printing shops, garden centers, retail store or shops, repair shops not involving any manufacturing on the site, and millineries or similar trade shops whenever products are sold exclusively on the site where produced. General Retail does not include roadside vending, automotive specialty shops, adult bookstores, pawnshops, liquor selling establishments off-premises distilled spirits retailer or store or other uses specifically set forth in Table 10. General Retail with Consumption On-Premises General Service: a business whose primary use is to provide a service, specifically including, but not limited to, health clubs, spas, personal grooming and hygiene services, barbershops, beauty shops, laundry and dry cleaning shops (excluding laundromats), and photography studios. General Service does not include financial establishments, banks, check cashing establishments, or other uses specifically set forth in Table 10. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 5. Greenway: an Open Space Corridor in largely natural conditions which may include Multi-Use Trails. Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2 and T-3). Home Occupation: a non-Retail Commercial enterprise. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 9A. House: an Edgeyard Building containing a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. Kiosk: a permanent or temporary freestanding structure with one or more open sides and no larger than 15 feet by 15 feet by 12 feet high from which General Retail merchandise, food, or beverages are offered for sale. Landscape Strip: the element of the Public Frontage between the Sidewalk (or right-of-way where no Sidewalk is required along Five Acre Road) and the Frontage Line that is required to ma tch the built character on specific existing Thoroughfares. All or a portion of the Landscape Strip may be counted towards meeting a minimum Setback by Warrant. The Landscape Strip may contain fencing. Layer: a range of depth of a Lot within which certain elements are permitted. See Table 13. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 10 shall not be considered Light Industrial. Lightwell: a Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 8. Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry . See Work-Live. ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 5 of 9 Lodging: premises available for daily renting of guest rooms. See Table 9A and Table 10. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table- mounted electrical machinery or artisanal equipment, and including their retail sale. Micro-brewery: a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery: means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tasting room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Maximum Two-Story Height Zone: an area shown on the Deerfield/Highway 9 Regulating Plan where the maximum building height is limited to two stories, regardless of Transect Zone. Maximum Twelve-Story Building Height Zone: an area shown on the Deerfield/Highway 9 Regulating Plan where the maximum building height is limited to twelve stories, regardless of Transect Zone. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 10 feet. Nightclub: an establishment whose primary business is the provision of alcoholic beverages and live entertainment or patron dancing and not the consumption of food. A place that derives 75 percent or more of its total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and cover charges or entry fees and does not meet the definition of any other establishment qualified to hold a license under chapter 4 of the city code will be presumed to be a nightclub. Off-premises beer/wine retailer or store: any person or entity that sells or provides to the public unbroken packages or in growlers or crowlers, not for consumption on -premises and not for resale. Off-premises distilled spirits retailer or store : any person or entity that sells or provides to the public distilled spirits or malt beverages and/or wine in unbroken packages, not for consumption on -premises and not for resale. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 9A and Table 10. . Open Market Structure: a permanent freestanding and unconditioned structure from which vendors, farmers, and artists may display and sell new merchandise, food or beverages. Open Parking: an uncovered parking area not within a Parking Structure. (Syn: parking lot) Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with This Code. ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 6 of 9 Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 13. Package: a bottle, can, keg, barrel, or other original consumer container. The term "retail package alc oholic beverages" includes all alcoholic beverages in their original containers or in a growler or crowler and sold at retail to the final consumer and not for resale. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 5. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with This Code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code. Parking Structure: a building containing either two or more levels of above-ground parking or one or more levels of below-ground parking. Passage (PS): a pedestrian connector, open or roofed, that is op en to the public and passes between buildings or lots to provide shortcuts through long Blocks and connect two Thoroughfares. Passages are not Civic Spaces. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which usually accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 13. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: on corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 8 and Table 13. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 4A, Table 4B, and Table 4D. Push Cart: any wagon, cart, or similar wheeled container, not a vehicle as defined in the Vehicle Code of the State of Georgia, from which General Retail merchandise, food, or beverages are offered for sale. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 7 of 9 to driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 7. (Variations Rowhouse, Townhouse, Apartment House) Recess Line: a line prescribed for the full width of a Facade, above which there is a Stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the Enfronting public space. Var: Extension Line. See Table 6. Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by This Code. Residential: characterizing premises available for long-term human dwelling. Restaurant, Full Service: any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served to patrons, without sleeping accommodations, such place being provided with an adequate and sanitary full -service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations and periods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be included in calculating seating space. The term "restaurant" includes cafeteria. In order to be considered a “full-service” restaurant, the business must also meet the requirements of an eating establishment. Restaurant, Limited Food Service: any establishment that meets all of the requirements of a restaurant but does not meet the requirements of an eating establishment. A limited food service restaurant must derive at least thirty percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food. Retail: characterizing premises available for the sale of merchandise or food service. See Table 8A and Table 10. Retail Frontage: the Frontage designated on a Regulating Plan that requires or recommends the pro vision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another single-family dwelling, is located in a row of at least three and not more than eight single-family dwellings, and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 13. Setback: the area of a Lot measured from the Frontage Line or, in the absence of Frontage Line, the Lot line, to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 11 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 8. ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 8 of 9 Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 7. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Special Requirements: provisions of Section 4.3 of This Code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 5. Stepback: a building Setback of at least 10 feet that occurs at a prescribed number of Stories above the ground. See Table 6. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or above-ground portions of a basement. See Table 6. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of permanently reducing development potential of areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with This Code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with This Code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 3A, Table 3B and Table 13a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by This Code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the u sual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. ARTICLE XX – DEERFIELD FORM BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ21-14 – Text Amendment prepared for the City of Milton Planning Commission Meeting on November 17, 2021 11/12/2021 Page 9 of 9 Turning Radius: the curved edge of a Thoroughfare at an i ntersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 3B and Table 13. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to This Code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of This Code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of This Code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64 -1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. Any terms not specifically defined herein shall have the same definitions as otherwise set forth in any other chapter of this ordinance. www.cityofmiltonga.use Created Date: November 2021 2022 CALENDAR Rezoning / Concurrent Variance / Use Permit Application Filing Deadline (Last Thursday of the Month) Community Zoning Information Meeting (CZIM) 7 P.M. (Tuesday) Design Review Board Meeting 6 P.M. (Tuesday) Planning Commission Meeting 6 P.M. (Wednesday) City Council Meeting (Zoning Agenda) 6 P.M. 11/25/2021 12/28/2021 1/4/2022 1/26/2022 3/7/2022 12/30/2021 1/25/2022 2/1/2022 2/23/2022 4/11/2022 1/27/2022 2/22/2022 3/1/2022 3/23/2022 5/2/2022 2/24/2022 3/22/2022 4/12/2022* 4/27/2022 6/6/2022 3/31/2022 4/26/2022 5/3/2022 5/25/2022 7/6/2022* 4/28/2022 5/24/2022 6/7/2022 6/22/2022 8/1/2022 5/26/2022 6/28/2022 7/5/2022 7/27/2022 9/7/2022* 6/30/2022 7/26/2022 8/2/2022 8/24/2022 10/3/2022 7/28/2022 8/23/2022 9/6/2022 9/28/2022 11/7/2022 8/25/2022 9/27/2022 10/4/2022 10/26/2022 12/5/2022 9/29/2022 10/25/2022 11/1/2022 11/23/2022 1/2/2023 10/27/2022 11/22/2022 12/6/2022 12/28/2022 2/6/2023 * Changed based on holiday ** Changed based on conflict with City Council Meeting